Trump govt proposes $103k fee for skilled worker visa

US President Donald Trump's administration on Monday moved to impose a more than $100,000 fee on employers hiring foreign workers through a highly skilled visa program, after facing a legal setback in an earlier effort. The Department of Homeland Security said the $103,265 H-1B visa fee would serve as a "revenue mechanism" to recoup the costs of administering the lawful immigration system.

How much is the new H-1B visa fee?

The proposed rule would charge employers $103,265 to sponsor an H-1B visa, a program used for highly skilled foreign workers. Homeland Security says the fee would help cover the costs of agencies including USCIS, CBP and ICE, rather than functioning purely as a deterrent.

Why is the Trump administration proposing this fee?

The administration has argued the visa program has been exploited to replace, rather than supplement, American workers, and in September 2025 it issued a presidential proclamation imposing a $100,000 fee to combat what it called systemic abuse. A federal judge blocked that order in June, siding with 20 Democratic-led states who argued the fee was an unlawful tax that bypassed Congressional authority. Another federal judge upheld the same action in December 2025, finding the president had broad statutory authority to address what he called a matter of economic and national security, and that ruling is now under appeal.

Would the new fee replace or add to the existing $100,000 charge?

In its new proposal, the administration leans more heavily on cost-based arguments tied to funding its immigration agencies. It also acknowledges an indirect benefit, saying employers required to pay an additional $103,265 fee would be less likely to hire an H-1B worker over a qualified American. The proposed fee would apply in addition to any other applicable fees, including the presidential proclamation still under legal review, meaning the payments could stack if both are allowed to proceed.

Who uses H-1B visas and what could the fee change?

Congress created the H-1B program in 1990, and the United States currently awards 85,000 H-1B visas per year. Past holders include prominent tech executives such as SpaceX's Elon Musk and Google CEO Sundar Pichai. Critics say the new rules would leave critical shortages in fields including medicine, engineering and sciences.