The Trump administration on Monday released a proposed regulation that would establish a $103,265 fee for new H-1B visas for highly skilled foreign workers. The rule, if finalized, would codify a fee the president first introduced through a temporary proclamation last year, which has since been the subject of multiple legal challenges.
The H-1B program currently provides 65,000 visas annually for specialty workers, with an additional 20,000 reserved for those with advanced degrees. Historically, these visas cost employers between $2,000 and $5,000 in fees. While the administration previously attempted to implement the $100,000 increase, a federal judge ruled the fee illegal in June 2026 and blocked its collection. The administration is currently appealing that decision.
The Department of Homeland Security (DHS) posted the proposed rule in the Federal Register on Monday. The notice initiates a 30-day public comment period, and the administration indicated the rule could be finalized by the end of 2026. The move follows other recent changes to the program, including a separate DHS rule implemented earlier in August that added up to $4,500 in fees for visa extensions or employee transfers.
A company hiring a worker under this new structure would notice an immediate increase of approximately $98,000 in upfront costs per employee. Critics of the program, including President Trump, state these costs are necessary to prevent the replacement of American workers with cheaper foreign labor. Conversely, the U.S. Chamber of Commerce and various Democratic-led states argue in their lawsuits that the executive branch does not have the authority to impose such fees without congressional approval, characterizing the charge as a tax that Homeland Security is not authorized to levy.
The outcome of this rule will set a precedent for the extent of presidential authority to use financial barriers as a method of immigration control. If the rule is finalized and survives legal challenges, it could permanently alter the recruitment budgets of major tech firms and academic institutions. The next significant steps include the closing of the public comment period in late September 2026 and the ongoing deliberations in a Boston-based appeals court and a Washington, D.C. court regarding the legality of the original proclamation.