Trump administration proposes permanent H-1B visa fee over $100,000

The Trump administration has reintroduced a proposal to permanently implement a fee exceeding $100,000 for new H-1B visas, after a federal judge previously blocked a similar measure. The Department of Homeland Security submitted the new regulation to the Federal Register, commencing a 30-day public comment period. The proposed fee stands at $103,265 per petition.

The administration argues that the fee is necessary to prevent the misuse of the H-1B program, which it claims allows U.S. employers to hire lower-paid foreign workers over American laborers. Additionally, the fee is intended to generate revenue for federal agencies involved in immigration enforcement, such as Customs and Border Protection and ICE.

The H-1B visa program has an annual cap of 85,000 applications, with 20,000 reserved for individuals with advanced degrees. The Department of Homeland Security acknowledged that the fee might lead to a reduction in H-1B registrations and potentially fewer petitions filed by employers, particularly small businesses, but concluded the fee was appropriate.

This proposal is part of a broader effort by the administration to tighten immigration policies. A previous attempt to impose a similar fee was halted by a federal judge in June, who ruled it constituted an unlawful tax requiring congressional approval.