Trump administration proposes $103,265 fee for H-1B visas, turning a court loss into a regulatory push

The Trump administration just proposed a new Department of Homeland Security regulation that would slap a $103,265 fee on certain H-1B visa petitions. The proposed rule, announced on August 24, 2026, kicks off a 30-day public comment period and represents the administration’s second attempt at dramatically increasing costs for employers seeking to hire foreign workers through the popular visa program.

From proclamation to courtroom to rulemaking

President Trump signed a proclamation on September 19, 2025, imposing a flat $100,000 fee on foreign workers seeking H-1B visas. That fee went live just two days later, on September 21, 2025.

In June 2026, a federal judge in Massachusetts vacated the fee entirely. The court’s reasoning was straightforward: the $100,000 charge amounted to an unauthorized tax imposed by the executive branch without the congressional approval the Constitution requires. The administration appealed, but also pursued the regulatory route, proposing a formal rule with a fee set at $103,265.

Prior to these moves, H-1B application fees generally ran in the thousands of dollars. The jump to six figures represents an increase of roughly 20 to 50 times previous costs, depending on the specific petition type and employer size.

Who pays, and who doesn’t

The proposed fee applies only to new petitions for workers currently outside the United States. Renewals are exempt. Current H-1B holders won’t face the charge.

The H-1B program caps annual visas at 85,000, split between 65,000 regular slots and 20,000 reserved for applicants with advanced degrees from US institutions. At $103,265 per new petition, a company filling even a handful of positions faces seven-figure visa costs before the employee writes a single line of code or sees a single patient.

The legal and political battlefield

The US Chamber of Commerce, along with other business stakeholders, has been fighting the fee in court. By pursuing the rulemaking path, the administration is attempting to address the Massachusetts court’s core objection that a fee imposed by presidential proclamation constitutes executive overreach.

The 30-day comment period will produce responses from employers, immigration attorneys, trade associations, and advocacy groups. The administration’s broader argument is that the H-1B program suppresses wages for American workers and incentivizes companies to hire cheaper foreign labor rather than investing in domestic talent.

What comes next

The comment period closes in 30 days, after which DHS will review submissions and could modify the rule before finalizing it. The appellate case stemming from the Massachusetts ruling also remains live.

The $103,265 fee has united opposition from big tech, small startups, research universities, hospital systems, and the US Chamber of Commerce, all arguing the number functions as a de facto ban on new petitions for all but the largest and wealthiest employers.

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