Trump's New H-1B Visa Fee: Who Pays the $103,265 and Who's Exempt

Despite a legal setback in June, when a federal judge ruled that the previous H-1B fee increase was unauthorized, the Trump administration has moved yet again to impose a $103,265 fee on new H-1B visas for foreign workers who are seeking to enter through the visa program. 

The announcement, which was made by the Department of Homeland Security, was proposed on Monday through a government notice aimed at recovering the costs of running the lawful immigration system and encouraging companies to hire American workers instead of foreign labor. 

“The proposed H‑1B fee is intended to recover the costs incurred across the federal government to adjudicate, vet, and support lawful immigration programs that otherwise must be funded by taxpayers,” said U.S. Citizenship and Immigration Services spokesperson Zach Kahler.   

For now, the additional fee would apply only to H-1B petitions subject to the annual cap, with certain petitions to remain exempt, including those filed by nonprofit research organizations, government research organizations, and institutions of higher education.  

According to the U.S. Citizenship and Immigration Services, the H-1B program is capped at 65,000 visas or grants of status each year, with another 20,000 places reserved for foreign nationals who have earned a master's degree or higher from a U.S. institution of higher education. 

For companies that rely on H-1B workers and foreign professionals hoping to use the visa route, the proposed fee could have different consequences. 

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