H1B $100,000 Fee Rule: US Moves To Make Visa Cost Permanent

US H-1B VISA – (Special Correspondent/Web Desk) – The Trump administration has taken a major step toward making the H-1B $100,000 fee rule a permanent part of US immigration policy. On Monday, the Department of Homeland Security posted a proposed regulation in the Federal Register that would formally codify the steep fee on new H-1B visa applications.

This move comes even though a federal judge blocked the fee back in June, calling it illegal. The case is now sitting with a Boston-based appeals court, while a separate legal fight over the fee plays out in Washington, DC.

President Trump first introduced this fee through a proclamation last year. It was meant to be temporary, set to expire this September. However, the same order told DHS to draft permanent rules, and that is exactly what has now happened.

Under the new proposal, the exact fee amount comes to $103,265. That is a massive jump from the usual H-1B costs, which typically ranged between $2,000 and $5,000 depending on the case.

The public now has 30 days to comment on this proposed rule. If everything moves forward as planned, the regulation could be finalized before the end of this year.

Why This Fee Matters So Much

The H-1B visa programme allows US companies to hire skilled foreign workers in specialized fields. Each year, 65,000 visas are available, plus another 20,000 reserved for people with advanced degrees.

Supporters of the fee, including Trump himself, argue that many companies misuse the programme. They claim businesses often replace American workers with cheaper foreign labour instead of genuinely filling skill gaps.

On the other side, business groups strongly disagree. They say American companies simply cannot find enough qualified workers for certain highly technical roles. For them, H-1B visas are essential for staying competitive.

Interestingly, only about 70 employers had actually paid the full $100,000 fee by late February, covering just 85 visa applications in total. This shows how much uncertainty and legal pushback has slowed things down.

A Growing Legal Fight

Several major players have challenged this fee in court. These include the US Chamber of Commerce, a coalition of labour unions, various employers, and multiple Democratic-led states.

Their argument is simple. They believe the President does not have the authority to override existing immigration law just by using entry restriction powers. They also argue that DHS cannot create new fees or taxes without approval from Congress.

The Trump administration sees things differently. Officials insist this fee is not a tax at all. They argue the courts have very limited power to question presidential decisions related to who can enter the country.

Impact on Global Talent Flow

This fee has already changed hiring patterns. Last year, H-1B registrations dropped by more than 25 percent compared to 2024. Compared to 2023, the numbers are less than half.

Along with this fee, the administration has also introduced stricter vetting for applicants. A newer selection process is being proposed that would favour highly skilled and better-paid workers.

Additionally, another $4,500 fee now applies to certain visa extensions and transfers, adding even more cost pressure on companies and international employees alike.

As this story develops, businesses, workers, and legal experts will be watching closely to see whether this fee becomes a lasting policy or gets struck down entirely.