Trump admin proposes $103k fee on skilled-worker visas

The Trump administration wants employers to pay more than $100,000 for each skilled foreign worker they hire through the H-1B visa program, a move that follows a court defeat on an earlier attempt.

The Department of Homeland Security published a proposed rule Monday setting the fee at $103,265 per H-1B visa petition. The agency described the charge as a way to recover the cost of running the immigration system, including USCIS, Customs and Border Protection, and Immigration and Customs Enforcement.

The administration has long argued that companies use the program to replace American workers. In September 2025, President Trump issued a proclamation imposing a $100,000 fee, calling it a response to "systemic abuse."

A federal judge in June blocked that order after 20 Democratic-led states sued, arguing the fee was an unlawful tax that bypassed Congress. A second judge in December 2025 upheld the same action, citing the president's "broad statutory authority" over economic and national security matters. That ruling is under appeal.

The new proposal takes a different legal path. It grounds the fee in cost recovery rather than executive authority. But the administration also notes an "indirect" benefit: employers facing a $103,265 charge "would be less likely to hire an H-1B worker over a qualified and highly-skilled American."

The proposed fee would stack on top of the original $100,000 charge if courts allow the earlier version to stand. The rule says the new payment "would be in addition to any other applicable fees or payments."

The H-1B program, created by Congress in 1990, caps new visas at 85,000 per year. Past holders include SpaceX CEO Elon Musk and Google CEO Sundar Pichai. Critics say the higher fees will worsen shortages in medicine, engineering, and science.

The proposal is subject to a public comment period before any final rule.