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H-1B visa shock: Trump admin proposes hiking fee to over $100,000
The US Department of Homeland Security has proposed a $103,265 fee on new H-1B visa petitions, seeking to make permanent a policy that was struck down by a federal judge in June. The rule, now open for public comment, has drawn criticism from immigration experts and is expected to disproportionately affect Indian professionals.
The Trump administration has proposed making permanent a $103,265 fee on new H-1B visas for skilled foreign workers, a move that would dramatically increase the cost of the program despite a court ruling that blocked an earlier version of the fee.
The proposed regulation, released by the Department of Homeland Security (DHS) and posted in the Federal Register on Monday, would codify a fee that President Donald Trump first imposed through a temporary proclamation in September 2025. That proclamation is due to expire next month, but it directed DHS to adopt regulations making the fee permanent, according to multiple outlets including Reuters and Business Standard.
Fee details and scope
The proposed $103,265 fee would apply to all H-1B cap-subject petitions, including those filed under the advanced degree exemption, according to DHS. The fee would be paid at the time of filing and in addition to all other applicable fees, an official press release cited by ANI (Asian News International) said.
The fee would not apply to cap-exempt petitions, such as those filed by nonprofit research organizations, government research bodies, and institutions of higher education, DHS said. It would also not apply to foreign nationals already in the US on student visas who later transition to H-1B status, or to renewals of existing H-1B visas, according to Times Now.
However, a footnote in the draft proposal indicates that the fee could apply to a worker who is eligible for a fresh six-year period of H-1B admission, even if they have already been counted against the cap, The Times of India reported.
DHS estimates the fee would generate approximately $8.8 billion annually based on 85,000 petitions, according to India Today and The Hindu Business Line. The department said the fee is intended to recover costs incurred across the federal government to adjudicate, vet, and support lawful immigration programs, a USCIS spokesperson told ANI.
Legal challenges
The proposed rule comes after a federal judge in June ruled that the earlier $100,000 fee was illegal and blocked its collection. In that case, US District Judge Leo Sorokin found that the president lacked authority to impose such a tax, CNN reported. A Boston-based appeals court on Friday rejected a bid by the administration to halt that order, according to Hindustan Times.
The fee is being challenged in separate litigation by the US Chamber of Commerce, Democratic-led states, and a coalition of unions and employers. Those lawsuits argue that the president's immigration authority does not allow overriding the law that established the H-1B program, and that DHS cannot impose fees without congressional approval. The administration maintains the fee is not a traditional tax and that courts have little power to question presidential authority, Reuters reported.
Impact on Indian professionals
The proposed fee is expected to hit Indian professionals hardest, as they account for the largest share of H-1B beneficiaries. USCIS data for fiscal year 2024 shows that 71% of approved H-1B petitions were for Indian-born workers, according to multiple outlets including Outlook India and Free Press Journal.
Immigration experts have criticized the fee. Emily Neumann, an immigration attorney, told India Today: "Same number. New wrapper. Same playbook. Throw enough things at the wall to restrict legal immigration and eventually something might stick (this won't)."
Cyrus D Mehta, another immigration attorney, called the fee "preposterous" and said it "heralds the death of the H-1B program," according to The Times of India.
Todd Schulte, president of FWD.us, said the move could hurt the US' ability to attract and retain skilled workers, as reported by India Today.
Broader context
The proposal is part of a broader tightening of the H-1B system. Since January 2025, the administration has introduced more intensive screening and enforcement across legal and humanitarian immigration, The Economic Times reported. DHS has also proposed ending the 60-day grace period for certain H-1B workers after employment ends, and has added fees up to $4,500 for applications to extend stay or transfer employees, according to multiple outlets.
The administration has said the H-1B program is abused by companies that replace American workers with cheaper foreign labor. Business groups maintain the program is necessary to address shortages of qualified American workers, as reported by The Independent and others.
Employers submitted about 344,000 H-1B registrations last year, down more than 25% from 2024 and less than half of the 794,000 in 2023, according to Reuters and Nikkei Asia.
The proposed rule now enters a 30-day public comment period. DHS could finalize it by the end of the year, according to multiple outlets.
How each outlet told it
Al Jazeera
Framing: Headline emphasizes the formalisation of the fee, leaving out the 'additional' and 'cap-subject' details. — Neutral and factual, with a focus on legal and procedural details.
Facts Included:
The Trump administration proposed a rule to formalise a controversial fee for H-1B work visas and charge $103,265.
The proposed fee was published in the US Federal Register on Monday, subject to a 30-day public comment period.
It would dramatically increase the cost of visas used in tech, education, and research sectors.
Last year, Trump temporarily imposed a fee of $100,000, which was blocked by court rulings.
The temporary proclamation is due to expire in September, and the new DHS proposal would replace it and make the fee permanent.
In June, a federal judge ruled the fee illegal and barred collection.
A Boston-based appeals court is reviewing that decision; a different court considers a challenge by a major business group.
The H-1B program offers 65,000 visas annually, plus 20,000 for advanced degrees, approved for three to six years.
Before Trump's order, fees typically ranged from $2,000 to $5,000.
The increase in fees has discouraged H-1B visa requests, according to court filings.
As of February 15, USCIS had received from 70 employers just 85 payments of the $100,000 fee, the administration said in a March filing.
Trump and critics say the program is abused by companies replacing US workers with cheaper foreign labour.
Business groups say the program is needed to address lack of qualified American workers.
Trump invoked presidential power under federal immigration law to restrict entry of foreign nationals detrimental to US interests.
The fee is being challenged by US Chamber of Commerce, Democratic-led states, and a coalition of unions and employers.
Lawsuits claim Trump's power does not allow overriding the law that created the H-1B program.
States and groups say DHS cannot impose fees without congressional permission.
The administration maintains the fee is not a traditional tax and courts have little power to question presidential authority.
Employers last year registered for about 344,000 H-1B visas, down more than 25% from 2024 and fewer than half of 794,000 in 2023.
The administration has ordered enhanced vetting and proposed a new selection process favoring higher-skilled and better-paid workers.
Earlier in August, DHS added fees up to $4,500 to applications to extend stay or transfer employees.
Framing: Headline emphasizes the formalisation of the fee, leaving out the 'additional' and 'cap-subject' details. — Neutral and factual, with a focus on legal and procedural details.
Facts Included:
The Trump administration proposed a rule to formalise a controversial fee for H-1B work visas and charge $103,265.
The proposed fee was published in the US Federal Register on Monday, subject to a 30-day public comment period.
It would dramatically increase the cost of visas used in tech, education, and research sectors.
Last year, Trump temporarily imposed a fee of $100,000, which was blocked by court rulings.
The temporary proclamation is due to expire in September, and the new DHS proposal would replace it and make the fee permanent.
In June, a federal judge ruled the fee illegal and barred collection.
A Boston-based appeals court is reviewing that decision; a different court considers a challenge by a major business group.
The H-1B program offers 65,000 visas annually, plus 20,000 for advanced degrees, approved for three to six years.
Before Trump's order, fees typically ranged from $2,000 to $5,000.
The increase in fees has discouraged H-1B visa requests, according to court filings.
As of February 15, USCIS had received from 70 employers just 85 payments of the $100,000 fee, the administration said in a March filing.
Trump and critics say the program is abused by companies replacing US workers with cheaper foreign labour.
Business groups say the program is needed to address lack of qualified American workers.
Trump invoked presidential power under federal immigration law to restrict entry of foreign nationals detrimental to US interests.
The fee is being challenged by US Chamber of Commerce, Democratic-led states, and a coalition of unions and employers.
Lawsuits claim Trump's power does not allow overriding the law that created the H-1B program.
States and groups say DHS cannot impose fees without congressional permission.
The administration maintains the fee is not a traditional tax and courts have little power to question presidential authority.
Employers last year registered for about 344,000 H-1B visas, down more than 25% from 2024 and fewer than half of 794,000 in 2023.
Framing: Headline emphasizes the $103,000 fee amount, leaving out the 'additional' and 'cap-subject' details. — Measured, with a neutral reporting style, but includes critical quotes from the judge.
Facts Included:
The Trump administration announced plans to add a $103,265 fee for H-1B visas.
The proposal was posted Monday as a proposed regulation.
The fee would go toward 'recovering' the costs of running the immigration system and encourage companies to hire American workers and pay them more.
The rule is not final and could take months, with 30 days for public comments.
H-1B visas allow foreign professionals to seek work in specialized professions, requiring a bachelor's degree, valid for three years, renewable for another three.
Economists argue the program allows US companies to maintain competitiveness and create jobs.
US law allows 65,000 H-1B visas annually, plus 20,000 for advanced degrees.
Vice President JD Vance touted the fee in a post on X, saying 'If an American corporation needs workers, it should hire and train Americans.'
The administration's attempt dates to September 2025, when Trump signed an executive action imposing a $100,000 fee.
The fee was previously about $3,000.
In June, US District Judge Leo Sorokin threw out the fee, finding the president lacked authority and only Congress had the power.
Quote from Sorokin: 'The President had no power or delegated authority to impose a tax on H-1B petitions.'
Framing: Headline emphasizes the $103,000 fee amount, leaving out the 'additional' nature and the context of the previous court ruling. — Measured, with a neutral reporting style, but includes critical quotes from the judge.
Facts Included:
The Trump administration proposed a $103,265 fee for H-1B visas.
The proposal was posted as a proposed regulation on Monday.
The fee is intended to recover costs of running the immigration system and encourage hiring American workers.
The rule is not final and faces a 30-day public comment period.
H-1B visas are for specialized professions requiring a bachelor's degree, valid for three years, renewable for another three.
US law allows 65,000 H-1B visas annually plus 20,000 for advanced degree holders.
Vice President JD Vance touted the fee in a post on X, saying 'If an American corporation needs workers, it should hire and train Americans.'
Previous attempt to impose $100,000 fee was voided by federal judge in June.
Judge Leo Sorokin ruled the president lacked authority and only Congress could impose such a tax.
Quote from Judge Sorokin: 'The President had no power or delegated authority to impose a tax on H-1B petitions.'
Framing: Headline emphasizes the additional fee amount and its application to cap-subject petitions, leaving out the court context. — Neutral and bureaucratic, relying on official statements.
Facts Included:
The US proposed an additional $103,265 fee for all H-1B cap-subject petitions, including advanced degree exemption.
The proposal was announced in an official press release by DHS on Monday.
The fee would be paid at the time of filing and on top of all other applicable fees.
DHS estimates the fee would generate approximately $8.8 billion annually based on 85,000 petitions.
Quote from USCIS spokesperson Zach Kahler: '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.'
The revenue would help recover costs related to adjudication, fraud detection, national security vetting, systems modernization, records and fee collection, immigration court operations, consular visa processing, labor standards enforcement, and interagency coordination.
The fee would not apply to cap-exempt petitions, including those by nonprofit research organizations, government research organizations, and institutions of higher education.
Framing: Headline emphasizes the move to impose the fee, leaving out the 'additional' and 'cap-subject' details. — Neutral and factual, with a focus on legal and procedural details.
Facts Included:
The Trump administration released a proposed regulation to codify a more than $100,000 fee on new H-1B visas.
The fee was first imposed by Trump in a temporary proclamation last year but has been blocked by courts.
A federal judge in June ruled the fee illegal and blocked collection.
A Boston-based appeals court is reviewing that decision; a different court considers a challenge by a major business group.
Trump's 2025 proclamation expires in September, but directed DHS to adopt regulations making it permanent.
The proposed $103,265 fee by DHS was posted online in the Federal Register on Monday, to be formally published on Tuesday.
The rule could be finalized by the end of the year.
The H-1B program offers 65,000 visas annually, plus 20,000 for advanced degrees, approved for three to six years.
Before Trump's order, fees typically ranged from $2,000 to $5,000.
Trump and critics say the program is abused by companies replacing American workers with cheaper foreign labor.
Business groups say the program is needed to address lack of qualified American workers.
About 70 employers had paid the $100,000 fee on 85 visa applications as of late February, according to court filings.
Trump invoked presidential power under federal immigration law.
The fee is being challenged by US Chamber of Commerce, Democratic-led states, and a coalition of unions and employers.
Lawsuits claim Trump's power does not allow overriding the law that created the H-1B program.
States and groups say DHS cannot impose fees without congressional permission.
The administration maintains the fee is not a traditional tax and courts have little power to question presidential authority.
Employers last year registered for about 344,000 H-1B visas, down more than 25% from 2024 and fewer than half of 794,000 in 2023.
The administration has ordered enhanced vetting and proposed a new selection process favoring higher-skilled and better-paid workers.
Earlier in August, DHS added fees up to $4,500 to applications to extend stay or transfer employees.
Framing: Headline is a typo 'B visa fees' and asks 'Who will be affected?', focusing on the fee increase and its impact. — Informative, with a focus on impact on Indians.
Facts Included:
The Trump administration is proposing a $103,265 fee for H-1B petitions for workers hired within the US, according to Bloomberg Tax.
The proposal follows a court ruling that overturned Trump's earlier $100,000 H-1B fee for workers hired from outside the US.
The earlier fee, issued through a White House proclamation, disrupted hiring plans but didn't apply to students and others approved for H-1B status in the US.
DHS is also reportedly weighing a plan to add a $100,000 charge for participation in Optional Practical Training.
The new $103,265 fee would apply to all petitions for H-1B workers subject to an annual statutory cap, including those with master's degrees.
Quote from DHS: 'would serve as a dedicated revenue mechanism to help recover a portion of the federal government's costs of administering the lawful immigration system.'
Indian nationals accounted for about 70% of approved H-1B petitions in 2024-25, according to experts.
USCIS guidance on application denials: As of August 5, immigration officers have discretion to deny applications without first issuing a Request for Evidence or Notice of Intent to Deny.
DHS has proposed ending the 60-day window for high-skilled workers to find a new employer after a layoff.
Since January 2025, the US administration has been introducing more intensive screening and enforcement across legal and humanitarian immigration.
Framing: Headline emphasizes 'Shock For Indians' and the fee amount, also mentioning the grace period, highlighting negative impact on Indians. — Alarmist, with 'shock' and 'major overhaul'.
Facts Included:
The Trump administration is considering a major overhaul of US immigration costs and rules.
Proposed changes could increase expenses for H-1B visa holders, F-1 students using OPT, and American employers.
DHS is proposing to raise the H-1B visa fee to $103,265, according to a Federal Register notice on Monday.
In 2024, USCIS approved 399,402 H-1B petitions, with Indian-born beneficiaries accounting for about 71%.
DHS is considering ending the 60-day grace period for certain H-1B workers after employment ends.
Under existing system, eligible H-1B workers have up to 60 days to find another job or change status.
If finalized, the protection could be removed, potentially requiring affected workers and dependants to leave sooner.
The H-1B visa allows US employers to hire foreign professionals for specialized jobs in technology, engineering, healthcare, and finance.
It is particularly important for highly skilled workers from India.
Framing: Headline emphasizes the fee hike and its permanence, and the impact on Indians. — Neutral but with a focus on Indian impact.
Facts Included:
The Trump administration has moved to codify a more than $100,000 fee on new H-1B visas.
The proposed fee of $103,265 by DHS was posted online in the Federal Register on Monday to be formally published on Tuesday.
The rule could be formalised by the end of this year, according to Reuters.
Fragomen had last week said the US DHS had begun the process of proposing new regulations which could impose new fees on H-1B and OPT programmes.
The H-1B is a temporary, employer-sponsored US non-immigrant visa.
OPT is a 12-month work authorization for international students on an F-1 visa.
Indian nationals have historically accounted for a large share of H-1B beneficiaries.
USCIS data shows 399,402 H-1B petitions approved in fiscal year 2024, with 71% of approved beneficiaries born in India.
Trump first imposed the over $100,000 fee last year, which has since been blocked by courts.
A federal judge in June ruled the fee illegal and blocked the administration from charging it.
A Boston appeals court on Friday rejected a bid by Trump to halt a judge's order preventing the fee.
The Boston-based 1st US Circuit Court of Appeals declined to put on hold a lower court judge's June 8 order striking down the fee on the basis it constituted an unlawful tax Congress never authorized.
The temporary proclamation expires in September.
The H-1B program offers 65,000 visas annually, plus 20,000 for advanced degrees, approved for three to six years.
Framing: Headline emphasizes making the fee permanent, leaving out the 'additional' and 'cap-subject' details. — Neutral and factual, with a focus on legal and procedural details.
Facts Included:
The Trump administration filed paperwork to make a $100,000 fee for new H-1B visas permanent despite a judge's ruling that the fee is unlawful.
Trump first imposed the increased fee last year, dramatically raising costs for visas in tech, education, and research sectors.
A federal judge declared the fee illegal in June, halting collection.
An appeals court in Boston is reviewing that decision; a separate court considers a challenge from a major business organization.
Trump's temporary rule expires in September.
DHS posted the draft rule in the Federal Register on Monday, which would make a $103,265 fee permanent.
It could be finalized by year's end.
The H-1B program offers 65,000 general visas annually, plus 20,000 for advanced degrees, for three to six years.
Before Trump's order, standard fees ranged between $2,000 and $5,000.
The cost would not apply to foreign citizens already in the US on student visas or to visa renewals.
Trump and critics contend the initiative is exploited by companies replacing American workers with cheaper foreign labor.
Business groups maintain the program is necessary to address domestic skilled labor shortages.
According to court filings, roughly 70 employers had paid the $100,000 fee on 85 visa applications as of late February.
Trump invoked executive authority under immigration law.
The lawsuit opposing the fee was brought by US Chamber of Commerce, Democratic-led states, and a coalition of unions and employers.
Litigants argue executive authority cannot override laws establishing the H-1B program.
They contend Homeland Security cannot impose fees without congressional approval.
The administration maintains the charge is not a standard tax.
Employers submitted about 344,000 H-1B registrations last year, down over 25% from 2024 and less than half the 794,000 in 2023.
The administration has ordered stricter vetting and proposed a selection process favoring higher-skilled, better-paid workers.
Earlier in August, DHS introduced separate rules adding fees up to $4,500 for visa extensions or overseas employee transfers.
Framing: Headline emphasizes the fee amount and the court setback, highlighting the legal context. — Neutral and factual, with quotes from critics.
Facts Included:
DHS proposed an additional fee of USD 103,265 for all H-1B visa cap-subject applications, including advanced degree exemption.
The proposal comes a month after a federal appeals court rejected a plea to stay a district judge's order overturning the plan to charge a USD 100,000 fee.
The proposed charge would be levied separately from the existing H-1B petition fee and apply only to cap-subject petitions.
The department has invited public comments over the next 30 days.
Under current law, the US Congress limits the H-1B visa programme to 65,000 visas a year under the regular cap, plus 20,000 for master's cap.
Quote from Federal Register notice: 'DHS proposes to implement the USD 103,265 amount as a separate, additional H-1B fee rather than combining it with the existing H-1B petition fee.'
The fee would not apply to cap-exempt filings, such as those by nonprofit research organisations, governmental research bodies, and institutions of higher education.
The proposed fee is meant to recover interagency costs and keep it as a standalone fee for tracking.
The fee would be paid at the time of filing and in addition to all other applicable fees.
DHS estimates the proposal would generate about USD 8.8 billion a year based on 85,000 petitions.
Quote from USCIS spokesperson Zach Kahler: 'The proposed H-1B fee is intended to recover the costs incurred across the federal government to adjudicate, vet, and support lawful immigration programmes that otherwise must be funded by taxpayers.'
The H-1B visa is a non-immigrant visa for speciality occupations requiring theoretical or technical expertise.
Technology companies depend on it to hire tens of thousands of employees each year from countries such as India and China.
Quote from immigration attorney Emily Neumann: 'Same number. New wrapper. Same playbook. Throw enough things at the wall to restrict legal immigration and eventually something might stick (this won't).'
Quote from Todd Schulte, president of FWD.us, saying the move could hurt the US' ability to attract and retain skilled workers.
Framing: Headline emphasizes the fee hike and asks 'Check proposed charges', focusing on the amount and its implications. — Informative and neutral, but notes the fee is 'controversial'.
Facts Included:
The Trump administration proposed making permanent a $103,265 fee on new H-1B visas.
The proposed regulation was released by DHS.
A federal judge ruled the fee illegal and blocked collection.
The proposed rule begins a 30-day public comment period and could be finalized by end of 2026.
The fee represents an increase from typical cost of $2,000 to $5,000.
The administration first introduced the fee in a 2025 presidential proclamation.
Critics argue some companies use the visa system to hire foreign workers at lower wages.
The administration defends the fee as part of broader effort to restrict immigration.
Trump invoked presidential authority under federal immigration law.
The H-1B program allows US employers to hire foreign workers for specialty occupations.
The program is used in technology, education, research, engineering, healthcare, and other specialized professions.
Annual statutory cap is 65,000, plus 20,000 for advanced degrees.
H-1B status can be granted for up to three years, extended to six.
A federal judge in June ruled the fee illegal and blocked collection.
The case is under review by a Boston-based federal appeals court.
Another court is considering whether a Washington, D.C., judge was correct in rejecting a challenge by a major US business group.
The fee has been challenged by US Chamber of Commerce, Democratic-led states, and a coalition of unions and employers.
Challengers argue the president's immigration authority does not allow overriding the law establishing the H-1B program.
They argue DHS cannot impose fees without congressional authorization.
The administration disputes arguments and maintains the payment is not a traditional tax.
The H-1B program is controversial due to debate over replacing American workers.
Framing: Headline emphasizes the fee increase to over USD 100,000, leaving out the 'additional' and 'cap-subject' details. — Neutral and factual, but notes the impact on Indians.
Facts Included:
The Trump administration proposed a regulation to impose a fee of more than USD 100,000 on new H-1B visa applications.
The proposal, released by DHS, would raise the fee to USD 103,265, according to a Federal Register notice on Monday.
The fee will be applicable for all H-1B visa cap-subject applications, including those eligible for the advanced degree exemption.
The DHS's new proposal comes a month after a federal appeals court rejected a plea to stay a district judge's order overturning the plan to impose a USD 100,000 fee.
In September last year, Trump signed a sweeping proclamation to impose a USD 100,000 annual fee on H-1B visas and rolled out a USD 1 million 'gold card' visa.
The USD 100,000 H-1B fee was struck down by a federal court.
The latest move is expected to hit Indian professionals hardest, as they make up a large proportion of H-1B visa holders.
H-1B visas are for specialty occupations requiring at least a bachelor's degree.
The program has been used extensively by technology companies and IT services firms.
Critics argue some employers use it to access lower-cost foreign labour.
Historically, cap-subject H-1B visas were allocated through a lottery when applications exceeded the cap.
Amazon, Cognizant, Infosys, Tata Consultancy Services, Microsoft, and Google are among the largest employers.
California remains one of the leading states for H-1B approvals.
Framing: Headline emphasizes the move to impose the fee, leaving out the 'additional' and 'cap-subject' details. — Neutral and factual, with a focus on legal and procedural details.
Facts Included:
The Trump administration released a proposed regulation to codify a more than $100,000 fee on new H-1B visas.
The fee was first imposed by Trump in a temporary proclamation last year but has been blocked by courts.
A federal judge in June ruled the fee illegal and blocked collection.
A Boston-based appeals court is reviewing that decision; a different court considers a challenge by a major business group.
Trump's 2025 proclamation expires in September, but directed DHS to adopt regulations making it permanent.
The proposed $103,265 fee by DHS was posted online in the Federal Register on Monday, to be formally published on Tuesday.
The rule could be finalized by the end of the year.
The H-1B program offers 65,000 visas annually, plus 20,000 for advanced degrees, approved for three to six years.
Before Trump's order, fees typically ranged from $2,000 to $5,000.
Trump and critics say the program is abused by companies replacing American workers with cheaper foreign labor.
Business groups say the program is needed to address lack of qualified American workers.
About 70 employers had paid the $100,000 fee on 85 visa applications as of late February, according to court filings.
Trump invoked presidential power under federal immigration law to restrict entry of foreign nationals detrimental to US interests.
The fee is being challenged by US Chamber of Commerce, Democratic-led states, and a coalition of unions and employers.
Lawsuits claim Trump's power does not allow overriding the law that created the H-1B program.
States and groups say DHS cannot impose fees without congressional permission.
The administration maintains the fee is not a traditional tax and courts have little power to question presidential authority.
Employers last year registered for about 344,000 H-1B visas, down more than 25% from 2024 and fewer than half of 794,000 in 2023.
The administration has ordered enhanced vetting and proposed a new selection process favoring higher-skilled and better-paid workers.
Earlier in August, DHS added fees up to $4,500 to applications to extend stay or transfer employees.
Framing: Headline emphasizes the fee amount and asks 'What It Means', focusing on the proposal's implications. — Informative and clarifying, with a focus on the procedural status.
Facts Included:
DHS proposed a $103,265 fee on certain H-1B petitions, according to a new DHS rulemaking reviewed by OIRA.
The proposal is listed as 'Fee for Certain H-1B Petitions' and classified as a proposed rule after OIRA concluded its review last week.
The proposal is not yet a final rule and does not mean employers are currently required to pay $103,265.
The earlier $100,000 requirement was introduced through a presidential proclamation in September 2025.
The proclamation restricted entry of certain H-1B specialty-occupation workers outside the US unless accompanied by a $100,000 payment.
The proclamation provided that the restriction would expire after 12 months unless extended.
The White House said the measure was intended to address misuse of the H-1B programme and encourage employers to prioritise highly skilled workers.
The new $103,265 measure is a separate regulatory proposal pursued through formal rulemaking.
The H-1B programme allows US employers to petition for foreign workers in specialty occupations requiring highly specialised knowledge and a bachelor's degree.
USCIS data for FY2024 shows 71% of approved H-1B beneficiaries were born in India, with 283,755 India-born beneficiaries out of 399,378.
The H-1B is a temporary US work category for foreign workers in specialty occupations.
The proposal must go through the rulemaking process, including public comment, before DHS can issue a final rule.
Framing: Headline emphasizes the additional fee amount and its application to H-1B visa applications, leaving out the court context. — Neutral and factual, with quotes from critics.
Facts Included:
The US proposed an additional fee of USD 103,265 for all H-1B visa cap-subject applications, including advanced degree exemption.
The US Congress limits the H-1B visa programme to 65,000 visas a year under the regular cap.
An additional 20,000 visas are available for foreign workers with a master's degree or higher from a US institution.
The new proposal comes a month after a federal appeals court rejected a plea to stay a district judge's order overturning the plan to charge a USD 1,00,000 fee.
Quote from Federal Register notice: 'DHS proposes to implement the USD 103,265 amount as a separate, additional H-1B fee rather than combining it with the existing H-1B petition fee.'
The department has invited public comments within the next 30 days.
The fee would apply only to H-1B cap-subject petitions, not to cap-exempt filings.
Certain nonprofit research organisations, governmental research bodies, and institutions of higher education are exempt.
Quote from USCIS spokesperson Zach Kahler: 'The proposed H-1B fee is intended to recover the costs incurred across the federal government to adjudicate, vet, and support lawful immigration programmes that otherwise must be funded by taxpayers.'
The H-1B visa allows US companies to employ foreign workers in speciality occupations.
Technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.
DHS estimates the proposed fee would generate approximately USD 8.8 billion annually based on 85,000 petitions.
Quote from Emily Neumann: 'Same number. New wrapper. Same playbook. Throw enough things at the wall to restrict legal immigration and eventually something might stick (this won't).'
Quote from Todd Schulte, president of FWD.us, saying the move could hurt the US' ability to attract and retain skilled workers.
Framing: Headline emphasizes 'surge past $100,000' and 'Indians Face Major US Immigration Blow', highlighting impact on Indians and dramatic increase. — Alarmist, with emphasis on 'major blow' and 'sharply increase'.
Facts Included:
The proposed fee would apply to new H-1B visas but not to foreign nationals already in the US on student visas transitioning to H-1B status.
It would not apply to renewals of existing H-1B visas.
The fee is $103,265, as proposed by DHS in the Federal Register on Monday.
The proposal seeks to formalize a fee temporarily introduced last year and later blocked by a federal court.
Before the earlier fee increase, H-1B charges typically ranged from $2,000 to $5,000.
Indian-born workers accounted for about 71% of H-1B beneficiaries among petitions approved in 2024.
In 2024, 399,402 H-1B petitions approved, with Indian beneficiaries representing the largest share.
The H-1B program provides 65,000 visas annually plus 20,000 for advanced degrees, valid for three to six years.
The administration argues the program is misused to replace American workers with lower-paid foreign employees.
Business groups maintain the program is necessary to address skilled worker shortages.
A federal judge ruled in June that the earlier $100,000 fee was unlawful and blocked collection; appeals pending.
The proposal could face fresh legal challenges; opponents argue lack of authority without congressional approval.
The administration argues the charge is not a conventional tax and falls within presidential authority.
The proposal is part of broader tightening, including enhanced vetting and proposed changes to selection process favoring higher-skilled and higher-paid workers.
Earlier this month, DHS proposed additional fees up to $4,500 for certain applications involving H-1B workers seeking extension or transfer.
DHS has considered eliminating the 60-day grace period for unemployed H-1B workers.
Framing: Headline emphasizes the fee amount and that hiring will become more costly, leaving out the details of the legal context. — Analytical and concerned, with quotes from experts calling the fee 'preposterous' and 'death of the H-1B program'.
Facts Included:
The Trump administration proposed a new $103,265 fee for cap-subject H-1B petitions.
The earlier $100,000 payment imposed through presidential proclamation in Sept 2025 has run into legal challenges and is set to expire next month unless extended.
The new proposal is based on a different legal authority and would create a separate fee regime.
The draft proposal will be open for public comments and will take a few months for finalisation.
The fee would be in addition to all existing H-1B filing and statutory fees.
H-1B petitions exempt from the annual cap would not be subject to the new charge.
Annual quota is 85,000, including 20,000 for advanced degrees (Master's cap).
Cap-exempt category includes higher education institutions and affiliated nonprofits and research organisations.
A footnote indicates the fee would not generally apply to petitions for workers already counted against the cap and seeking to change jobs or extend stay, but a fresh six-year period could attract the fee.
Quote from Mitch Wexler, senior counsel at Fragomen: 'An important point to note is that the proposed $103,265 fee is tied to whether the H-1B petition is 'cap-subject,' not simply to whether the worker is physically inside or outside the US.'
The fee will apply to F-1 students transitioning to H-1B.
Quote from Cyrus D Mehta, immigration attorney: 'The $103,265 fee for each cap subject H-1B is preposterous. It will also apply to F-1 students who will change status to H-1B in the US. This ropes heralds the death of the H-1B program. The Trump administration has killed the goose that laid the golden eggs. The ability to attract bright and hardworking skilled workers to work for US employers and grow the economy was America's secret sauce.'
The $103,265 charge is separate from the $100,000 H-1B payment introduced under presidential proclamation.
The $100,000 fee implementation was vacated by a district court in June 2026, with appeal pending.
The Sept 2025 proclamation was originally set to expire after 12 months.
DHS says the new fee rests on a different legal authority and is intended to be permanent.
The earlier fee typically applied to hiring H-1Bs from outside the US, leading to increased hiring of immigrants within the US.
For fiscal year ended 2025, 2.83 lakh H-1B visas were allotted to Indians, 70% of total including extensions; for new visas, Indians bagged nearly 58,000 (roughly half).
The fee is expected to generate about $8.78 billion a year based on 85,000 petitions.
DHS estimates 14,541 small entities affected, 76% facing cost increase exceeding 1% of annual revenue.
DHS argues demand is strong enough to sustain filings at 85,000 level even with higher cost.
Immigration experts point out the underlying objective is to discourage hiring of immigrants rather than fee generation.
Framing: Headline emphasizes 'shock' and the fee hike, focusing on the impact on Indians. — Concerned and analytical, with emphasis on the impact on Indian professionals.
Facts Included:
DHS proposed raising the fee for certain H-1B visa petitions to $103,265.
The proposal was posted in the Federal Register on Monday.
The proposal would turn the controversial $100,000 H-1B payment into a formal regulatory requirement.
The proposed rule will enter a 30-day public comment period, after which DHS could finalise it by the end of the year.
The move comes amid growing uncertainty for Indian professionals who account for the largest share of H-1B beneficiaries.
The proposed $103,265 charge follows Trump's 2025 proclamation that imposed a $100,000 payment for certain new H-1B petitions.
The proclamation is due to expire in September, but instructed DHS to pursue regulations to make the payment permanent.
On June 8, 2026, the US District Court for the District of Massachusetts vacated agency guidance implementing the $100,000 payment in State of California v. Mullin.
DHS challenged the decision and sought a stay from the First Circuit.
The First Circuit rejected the government's request on July 24.
DHS said it disagrees with the ruling but will comply while considering next steps.
USCIS has already received enough petitions to reach the 65,000 regular cap and 20,000 master's cap for FY2027.
The proposed fee adds to a series of changes affecting the traditional route from education to long-term residency.
Xiao Wang, CEO of Boundless Immigration, said the $100,000 fee has already affected the market, particularly India-based IT consulting companies.
Wang pointed to a shift among major H-1B employers, with Amazon, Meta, Microsoft, and Google ranking among leading sponsors in FY2025 rather than traditional Indian IT firms.
Another major change is the shift towards a wage-weighted selection process.
Boundless client data showed senior Level III candidates had a 68% selection rate in March 2026 cap season, compared with 40% for entry-level Level I candidates.
The proposed End H-1B Visa Abuse Act of 2026 could add restrictions if enacted, including a three-year pause, reducing cap to 25,000, and a minimum salary threshold of $200,000.
Framing: Headline emphasizes the fee amount and the fact it's for skilled foreign workers, leaving out the 'additional' and 'cap-subject' details. — Neutral and factual, with a focus on official statements.
Facts Included:
The Trump administration proposed a fee of more than US$103,000 on new H-1B visas.
The Department of Homeland Security proposed a $103,265 fee for the H-1B visa program.
A federal judge in June ruled that the fee was illegal.
The department plans to receive public comments for 30 days after official publication, set for Tuesday.
Quote from DHS: 'This fee would serve as a dedicated revenue mechanism to help recover a portion of the federal government's costs of administering the lawful immigration system.'
In September, Trump signed a proclamation to impose a yearly fee of $100,000 for an H-1B nonimmigrant visa application.
The proclamation is set to expire next month as stipulated.
The notice came as the Trump administration has been doubling down on immigration controls under its America First policy.
The H-1B program is subject to an annual worldwide cap of 85,000 visas.
Each row is one claim, attributed to the outlet whose wording states it most clearly. Confidence rates how directly the source text states the claim — explicit and unhedged rates high; hedged, pieced-together, or internally inconsistent statements rate lower. It does not measure whether the claim is true. Status counts the distinct outlets we found asserting it — so a single-source claim can still show high confidence, and a multi-source claim can show medium. Every one of those outlets is named beside the status, so you can check the count against the list. For claims extracted before we began storing that list, the row says so: it names the outlet the claim is quoted from and states that we have not recorded which outlets backed it. Outlets wrote at different times, so a figure that evolves — a casualty count, for example — can legitimately differ between rows; check the "as of" time next to each claim's source.
Claim
Confidence
Status
ClaimThe Trump administration proposed a $103,265 fee for H-1B visa petitions.
ClaimUSCIS spokesperson Zach Kahler said the proposed fee is intended to recover costs across the federal government to adjudicate, vet, and support lawful immigration programs.
ClaimFor fiscal year ended 2025, 2.83 lakh H-1B visas were allotted to Indians, 70% of total including extensions; for new visas, Indians bagged nearly 58,000.
ClaimMitch Wexler, senior counsel at Fragomen, said the proposed fee is tied to whether the H-1B petition is cap-subject, not simply whether the worker is physically inside or outside the US.
ClaimThe DHS's new proposal comes a month after a federal appeals court rejected a plea to stay a district judge's order overturning the $100,000 fee plan.
ClaimBoundless client data showed senior Level III candidates had a 68% selection rate in March 2026 cap season, compared with 40% for entry-level Level I candidates.
ClaimThe proposed End H-1B Visa Abuse Act of 2026 could add restrictions if enacted, including a three-year pause, reducing cap to 25,000, and a minimum salary threshold of $200,000.
ClaimOn June 8, 2026, the US District Court for the District of Massachusetts vacated agency guidance implementing the $100,000 payment in State of California v. Mullin.
ClaimDHS said the fee 'would serve as a dedicated revenue mechanism to help recover a portion of the federal government's costs of administering the lawful immigration system.'
ClaimThe Boston-based 1st US Circuit Court of Appeals declined to put on hold a lower court judge's June 8 order striking down the fee on the basis it was an unlawful tax Congress never authorized.
ClaimImmigration attorney Emily Neumann said: 'Same number. New wrapper. Same playbook. Throw enough things at the wall to restrict legal immigration and eventually something might stick (this won't).'
ClaimAs of August 5, immigration officers have discretion to deny applications without first issuing a Request for Evidence or Notice of Intent to Deny.
ClaimSince January 2025, the US administration has been introducing more intensive screening and enforcement across legal and humanitarian immigration.
ClaimThe White House said the measure was intended to address misuse of the H-1B programme and encourage employers to prioritise highly skilled workers.
18 outlets · 20 articles consulted: Al Jazeera, CNN — World, abc17news.com, ANI (Asian News International), Business Standard, The Economic Times, Free Press Journal, Hindustan Times, The Independent, India Today, Livemint, The New Indian Express, Nikkei Asia, Outlook India, The Hindu Business Line, Times Now, The Times of India, Yonhap News — English75 claims extractedVersion 5Written 2026-08-25