Trump Administration Proposes $103,265 H-1B Visa Fee

The Trump administration has proposed a permanent fee of $103,265 for new H-1B worker visa applications, as published in the Federal Register on August 24, 2026. This regulation initiates a 30-day public comment period, with a potential final rule by year-end.

The fee originated from a presidential proclamation issued by Donald Trump in 2024, which is set to expire in September 2025. A federal judge ruled in June that the original fee was illegal, and the legality of the proposal is currently under review by a Boston-based appeals court.

The US Chamber of Commerce, along with Democratic-led states and various unions, argues that Trump's authority does not extend to overriding the law governing the H-1B program. The administration contends that the fee is not a conventional tax and that courts have limited authority over presidential decisions on border entry.

As of late February, around 70 employers had paid the fee for approximately 85 visa applications. The H-1B program allows 65,000 visas annually, with an additional 20,000 for advanced degree holders.