New $103,265 Fee for H-1B Visas in the U.S.

President Donald Trump's administration is preparing to significantly raise the cost of the H‑1B program that enables highly skilled foreign workers to be employed in the United States. The Department of Homeland Security (DHS) released a regulatory proposal that would impose an additional fee of $103,265 on H‑1B applications considered within the annual cap.

Added on Top of Existing Costs

According to the proposal published in the Federal Register, the $103,265 fee will be paid by the employer at the time of application and will not replace the existing H‑1B filing fees. The new charge will be collected in addition to other statutory and processing fees. The proposal also covers applications within the regular 65,000‑person cap as well as the 20,000‑person quota reserved for employees holding advanced degrees from U.S. universities.

Out-of-Cap Applications Not Covered

The regulation focuses on applications subject to the annual H‑1B cap. Therefore, out‑of‑cap H‑1B applications filed by universities, certain research institutions, and other eligible employers are not subject to the new fee. However, whether an application is subject to the H‑1B cap—not merely that it is filed by a university—will determine its applicability.

Washington Anticipates $8.8 Billion in Revenue

DHS estimates that the applications within the annual quota of about 85,000 will be subject to this fee. According to the agency's projections, a fee of $103,265 would generate roughly $8.8 billion in revenue per year. The plan is for this source to help cover the costs of other federal agencies—including the Departments of Justice, State, and Labor—as well as DHS, in connection with the management of the immigration system.

The H‑1B Program Is Critical for Technology

Established in 1990, the H‑1B program allows U.S. companies to temporarily employ foreign workers in positions that require specialized expertise. The program is heavily used not only in the technology sector but also in engineering, education, and research fields. The annual quota is 65,000 standard visas plus an additional 20,000 for those holding advanced degrees in the United States, for a total of 85,000.

The Trump Administration Wants to Make the Fee Increase Permanent

The new proposal represents a continuation of the Trump administration's effort to raise H‑1B costs. The administration had imposed a temporary $100,000 fee on certain new H‑1B applications in 2025. However, a federal judge blocked the measure in June 2026, ruling it unlawful. While the administration is appealing that decision, DHS has begun a separate regulatory process for the new fee.

The Proposal Is Still Unsettled

The $103,265 payment is not currently a valid fee for all H‑1B applications. Public comments on DHS's regulatory proposal will be accepted until September 24, 2026. After the final regulation is published, the timing of the fee's implementation will become clear.

Costs Could Rise for Companies and Employees

According to Reuters, business leaders and some organizations argue that the high fee could make it harder for U.S. companies to access the international talent they need. Management, however, contends that the H‑1B system has led to the use of cheaper foreign labor in place of American workers. Thus the regulation brings the debate over the U.S.'s need for skilled foreign labor and the protection of domestic workers back to the forefront.