New H-1B Visa Costs
DHS Proposes New $103,265 H-1B Visa Fee to Replace Vacated Guidance
Key Points
Under President Trump’s administration, the White House Office of Information and Regulatory Affairs cleared the DHS H-1B fee plan as a major, economically significant rule (RIN 1615-AD20) on August 19, enabling a 30-day public comment window.
A federal court in Massachusetts vacated the earlier $100,000 H-1B fee guidance in June 2026; the First Circuit declined to stay the ruling on July 24, 2026, and DHS says it will comply with the decision while pursuing the rulemaking.
DHS argues the new $103,265 H-1B fee rests on different legal authority than the 2025 presidential proclamation by President Trump, which is set to expire in September unless extended, and would be permanent if enacted.
In addition to the H-1B fee, DHS has finalized a separate rule expanding a $4,000 biometric and security fee to certain H-1B extension petitions filed by qualifying large employers, reflecting a broader push to raise immigration costs.
The Trump administration has proposed a $103,265 fee on new H-1B visa petitions for skilled foreign workers, launching a formal rulemaking process that could become permanent by year's end, according to The Washington Post. The fee would apply only to new petitions filed by workers outside the United States, while renewals and certain exempted categories would escape the charge. This move comes after a federal court vacated an earlier $100,000 fee in June 2026, ruling it an improper tax The Washington Post.
How the New Fee Would Work
The Department of Homeland Security published the proposed rule in the Federal Register, triggering a 30-day public comment period Newsmax. The fee targets new H-1B petitions for workers outside the US but exempts renewals and cap-exempt petitions. With the annual H-1B cap set at 85,000 visas (65,000 regular slots plus 20,000 for advanced degree holders), even a handful of new petitions could cost employers seven figures upfront LinkedIn.
DHS Argues New Authority Can Survive Legal Challenge
The earlier $100,000 proclamation, issued by President Trump in 2025, was supposed to expire in September unless extended. A federal court in Massachusetts vacated that fee in June 2026. DHS says the new $103,265 fee rests on different legal authority and can withstand court scrutiny, Dialogue Pakistan reported. The administration also finalized a separate $4,000 biometric fee expansion for certain H-1B extensions filed by large employers Dialogue Pakistan.
Industry Warns of Cost and Impact on Hiring
Tech companies and research institutions rely heavily on H-1B workers to fill gaps in skilled roles. Industry groups have warned that six-figure petition fees will discourage hiring and slow innovation. Supporters of the program say it fills crucial labor gaps in technology, education, and research that US workers cannot easily meet. The debate reflects a broader Trump administration push to raise the cost of immigration and reduce reliance on foreign labor KSL.
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