U.S. Proposes H-1B Visa Fees Exceeding $100,000; Legal Challenges Continue
Nashnova编辑部
The Department of Homeland Security formally proposed setting the H-1B visa fee at $103,265 — roughly 20 to 50 times the previous $2,000–$5,000 application cost — but a federal court has already ruled the fee unlawful, and its fate remains unresolved.
Where does the $100,000 fee come from?
Trump first imposed the six-figure fee via a temporary bulletin in 2025. That bulletin expires in September 2025.
On August 24, DHS published a proposed rule in the Federal Register to make the fee permanent, opening a 30-day public comment period. A final rule could land by year-end.
This means → the administration is racing to convert a temporary executive action into a formal regulation before the bulletin lapses — once codified, undoing it becomes far harder.
Why did a court block the fee?
A federal judge ruled the fee unlawful in June and ordered DHS to stop collecting it.
A federal appeals court in Boston is now reviewing that ruling; a separate court is hearing the U.S. Chamber of Commerce's challenge.
In plain terms = the money has stopped flowing for now, but the government hasn't given up — it is appealing the ruling while simultaneously pursuing the rulemaking track as a backup.
What are the two sides arguing?
Opponents — the U.S. Chamber of Commerce, several Democratic-led states, and employer–union coalitions — argue that the president's border-control powers cannot override the legislation governing the H-1B program, and that DHS lacks congressional authorization to raise revenue through fees.
The government counters that the fee is not a tax in the traditional sense and that courts have limited room to second-guess the president's authority to restrict foreign entry.
This means → the core dispute is not "should there be a fee" but "can the executive branch set prices without Congress" — a constitutional separation-of-powers fight.
How far have application numbers fallen?
Employers registered roughly 344,000 H-1B applications last year, down more than 25% from 2024 and less than half the 2023 peak of 794,000.
As of late February, only about 70 employers had paid the $100,000 fee for a combined 85 petitions.
This reflects a chilling effect already in motion: steep costs plus policy uncertainty are shrinking employers' willingness to sponsor foreign talent — even if courts ultimately strike down the fee, the deterrence has already landed.
What else is coming?
Earlier this month, DHS issued a separate rule adding up to $4,500 in extra fees for H-1B renewals and intra-company transfers.
The H-1B program offers 65,000 regular slots per year plus 20,000 for advanced-degree holders, with visas valid for three to six years.
In plain terms = whether the fee ultimately sticks depends on the courts' ruling on the government's fee-setting authority — until then, employers face ongoing uncertainty that the rules could shift at any moment.
Content is for reference only, not financial advice.