US President Donald Trump speaks at a back-to-school event at the White House Rose Garden in Washington on Monday to highlight his administration's education policy. [Reuters]
US President Donald Trump speaks at a back-to-school event at the White House Rose Garden in Washington on Monday to highlight his administration's education policy. [Reuters]

The Trump administration is moving to formally codify a fee of more than $100,000 for H-1B professional work visa applicants, pressing ahead despite federal court rulings blocking the measure and setting the stage for further legal battles.

The Department of Homeland Security published a proposed rule in the Federal Register that would require new H-1B visa applicants to pay $103,265, Reuters reported.

The H-1B visa covers specialized occupations in science, technology, engineering and mathematics. Annual issuances are capped at 85,000 through a lottery, with an initial three-year stay that can be extended. Holders may also apply for permanent residency.

The DHS proposal opens a 30-day public comment period, with the rule expected to be finalized by year-end, Reuters reported.

Trump issued a presidential proclamation last September setting the H-1B application fee at $100,000 and directing DHS to establish a formal regulatory framework. That proclamation, valid for one year, expires next month. The approach follows a pattern of using executive proclamations to introduce policy quickly while agencies develop longer-term regulations.

If the DHS rule is finalized, it would represent a dramatic increase from the existing fee of roughly $2,000 to $5,000, Reuters reported.

The new fee would not apply to foreign nationals already in the United States on student visas or to those renewing existing H-1B visas, Reuters reported. However, reports have emerged that the Trump administration is also considering imposing a $100,000 fee on foreign graduates of American universities seeking employment in the country.

The steep fee is part of Trump's broader immigration crackdown. With midterm elections approaching in November, the move also signals that the administration has no intention of softening its enforcement stance — and is intended to energize its base.

Federal courts have repeatedly blocked the $100,000 H-1B fee. A federal court in Massachusetts ruled in June that the charge amounted to an unlawful tax imposed without congressional approval.

If the DHS rule is finalized, it is expected to face legal challenges as well. Existing lawsuits targeting the presidential proclamation may be adjusted, and new litigation could be filed.

In fiscal year 2024, India accounted for 71 percent of approved H-1B workers by country of origin, followed by China at 11.7 percent; South Korea ranked fifth at 1 percent. The high-fee regime is expected to deal a significant blow to South Korean high-skilled workers seeking employment in the United States.

H-1B visa applications took a direct hit after Trump introduced the $100,000 fee. As of late February, only 85 applications had been filed and about 70 people had paid the fee, Reuters reported.

The administration's broader immigration crackdown has also weighed on H-1B filings overall. US companies filed about 344,000 H-1B petitions last year, down more than 25 percent from 2024 and less than half the roughly 794,000 filed in 2023, Reuters reported.

Trump has argued that high-skilled foreign workers are taking jobs from Americans and that the bar for entry should be raised. The business community counters, however, that certain sectors face a domestic shortage of skilled talent and cannot function without access to foreign workers.

The H-1B fee has also exposed a rift within Trump's own MAGA (Make America Great Again) base. Traditional MAGA supporters back the president's position, while figures aligned with big tech — including Elon Musk — oppose the steep fee, making the professional visa a prominent flashpoint between the movement's old guard and its newer tech-friendly wing.


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