Trump Moves to Make H-1B Visa Fee Permanent

The administration of US President Donald Trump has proposed a regulation that would permanently set the fee for new H-1B work visas for highly skilled foreign workers at $103,265. A federal judge ruled the fee illegal in June and blocked the administration from collecting it, but the ruling is under appeal.

Trump’s temporary fee increase expires in September, one year after it was introduced. The Department of Homeland Security is now seeking to make the $103,265 fee permanent, with the proposed rule potentially finalized by the end of the year.

H-1B visas are heavily used in the technology, education and research sectors. Before Trump’s order, the visas typically carried fees ranging from $2,000 to $5,000. The new fee would not apply to renewals or to H-1B visas granted to foreign nationals already in the US on student visas.

Business groups, Democratic-led states and a coalition of unions and employers have challenged the fee. The lawsuits argue that the Department of Homeland Security cannot impose fees or taxes to raise revenue without congressional approval. Business groups have also argued that the H-1B program is necessary to address shortages of qualified US workers and allow companies to recruit top talent.

The Trump administration maintains that the fee is not a traditional tax and argues that the H-1B program is abused by companies seeking to replace American workers with cheaper foreign labor.

H-1B registrations have fallen sharply amid Trump’s broader immigration crackdown. Employers registered for about 344,000 visas last year, down more than 25% from 2024 and less than half the 794,000 sought in 2023. The administration has also introduced enhanced vetting of H-1B applicants and proposed a new selection process favoring higher-skilled and better-paid workers.

(Reuters, max)