US: Trump Administration Moves to Introduce $100,000 Fee for H-1B Visas

• The US Department of Homeland Security published a proposed rule in the Federal Register on August 24, seeking to make a $103,265 H-1B visa fee permanent
• The fee, first imposed temporarily by Trump in 2025, has already been ruled unlawful by a federal judge, with an appeals court currently reviewing that decision
• H-1B visas previously cost between $2,000 and $5,000, and the programme issues up to 85,000 visas annually to highly skilled foreign workers

The Trump administration has moved to permanently codify a fee of $103,265 on new H-1B visas for highly skilled foreign workers, proposing a regulation that would entrench a charge more than 20 times the previous cost of such permits.

The US Department of Homeland Security published the proposed rule in the Federal Register on Monday, August 24, 2026.

If finalised, potentially by the end of this year, it would make permanent a fee that was first introduced as a temporary measure by President Donald Trump last year and is currently subject to multiple legal challenges.

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H-1B fee faces active legal battles

A federal judge in June ruled that the original fee was unlawful and blocked the administration from collecting it. A Boston-based appeals court is now reviewing that ruling, while a separate court is considering a challenge brought by the US Chamber of Commerce, the country's largest business lobbying organisation.

Democratic-led states, a coalition of unions and employer groups have also filed lawsuits arguing that the Homeland Security Department cannot impose fees to generate government revenue without congressional authorisation.

The administration maintains the fee does not constitute a conventional tax and that courts have limited authority to question presidential powers over the entry of foreign nationals.

Trump invoked executive authority under immigration law in imposing the original charge, citing the president's ability to restrict entry of individuals deemed detrimental to US interests.

Trump's temporary fee is set to expire in September, one year after it was issued. The proposed rule would replace it with a permanent charge.

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Notably, unlike the original order, the proposed regulation appears to extend the fee to holders of student visas already in the United States, a group previously exempt, as well as to visa renewals.

Programme under pressure as applications fall

The H-1B programme allows US employers to sponsor foreign nationals in speciality occupations, offering 65,000 visas per year with an additional 20,000 reserved for workers holding advanced degrees, each valid for three to six years.

Prior to Trump's order, visa fees typically ranged from $2,000 to $5,000.

As of late February, approximately 70 employers had paid the $100,000 fee across 85 visa applications, according to court filings.

The broader impact of the administration's immigration stance is already evident in application volumes.

Employers registered for around 344,000 H-1B visas in the previous year, a decline of more than 25% compared with 2024 and less than half of the 794,000 applications submitted in 2023, according to data from US Citizenship and Immigration Services.

The administration has separately introduced enhanced vetting requirements for H-1B applicants and, earlier in August, added fees of up to $4,500 on applications to extend the stay of existing H-1B holders or transfer employees from overseas operations.

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Proponents of the visa programme, including major technology companies and business associations, argue it is essential for accessing talent that is not available domestically. Critics, including Trump and a number of Republican lawmakers, contend that some employers misuse the programme to displace American workers with lower-cost foreign labour.

US to revoke visas of 200,000 foreigners

In a related development, YEN.com.gh reported that the US had planned to revoke the business and tourist visas of as many as 200,000 foreign nationals, including those who entered the country on short-term travel documents but later sought asylum.

If implemented, the move would mark the largest single visa revocation exercise in American history.

Source: YEN.com.gh