The Trump administration announced a proposed regulation that would increase the fee for H‑1B visas to $103,265. The draft rule, posted on Monday, states the fee is intended to “recover” the costs of operating the immigration system and to incentivize employers to hire American workers and pay them higher wages.
Background on the H‑1B program
H‑1B visas allow foreign professionals with at least a bachelor’s degree or equivalent to work in specialized occupations for up to three years, with the possibility of a second three‑year extension. Federal law caps the program at 65,000 visas each fiscal year, plus an additional 20,000 set aside for individuals who have earned advanced degrees from U.S. institutions.
Supporters of the program argue it helps U.S. companies stay competitive, create jobs, and fill skill gaps in fields such as technology, engineering, and medicine. Critics, including the current administration, contend the program is overused and displaces qualified American workers.
Proposed fee and its rationale
The new fee would replace the previous $3,000 charge that has been in place for years. The administration says the substantial increase is necessary to cover administrative expenses and to serve as a deterrent against reliance on foreign labor when qualified U.S. citizens are available.
Vice President JD Vance promoted the proposal on X, writing, “If an American corporation needs workers, it should hire and train Americans.” The statement reflects the administration’s broader goal of strengthening the domestic labor market.
Legal context
The effort to impose a high fee dates back to September 2025, when President Donald Trump signed an executive action setting a $100,000 fee for H‑1B petitions. That fee was struck down in June 2026 by U.S. District Judge Leo Sorokin, who ruled that the president lacked authority to impose what the judge characterized as a tax without congressional approval.
Judge Sorokin, an appointee of former President Barack Obama, wrote that only Congress has the power to alter federal immigration policy in a way that would create a tax‑like charge. The administration’s new proposal is presented as a regulation rather than a tax, but it may still face legal challenges.
Public comment period
The proposed rule is not final. The public has 30 days to submit comments, after which the administration will review feedback and determine whether to move forward. If the rule proceeds, it could take several months before it is formally adopted.
Stakeholders, including businesses that rely on H‑1B talent and immigration advocacy groups, are expected to weigh in during the comment period. The outcome will have implications for the future of the H‑1B program and for companies that depend on foreign specialists.
Original reporting: KEYT (Ventura/Santa Barbara) — read the source article.
