“Should Hire And Train Americans” – Trump Administration Proposes New Six-Figure H-1B Visa Fee

If an American corporation needs workers, it should hire and train Americans. https://t.co/C72ZYmONpK

— JD Vance (@JDVance) August 24, 2026

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A Boston-based appeals court is reviewing that decision while a different court considers whether a judge properly rejected a challenge to the fee by a major business group.

Trump’s temporary fee increase expires in September, one year after it was issued. The proposed rule by the U.S. Department of Homeland Security, posted in the Federal Register on Monday, would make a ⁠fee of $103,265 permanent. It could be finalized by the end of the year.

The H-1B program allows U.S. employers to hire foreign workers with training in specialty fields and offers 65,000 visas annually, with another 20,000 for workers with advanced degrees, approved for three to six years. Those visas typically came with fees between $2,000 and $5,000 before Trump’s order.

The fee would not apply to visas granted to foreign citizens already in the United States on student visas, who make up a large share of new H-1B recipients, or to renewals of current visas.

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The Trump administration plans to charge employers seeking skilled foreign workers through the H-1B visa program a $103,265 fee.

Revenue from the fee would be used to run the legal immigration system, including funding for ICE. https://t.co/pVn3JLBEFP

— The Washington Post (@washingtonpost) August 24, 2026

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The Trump admin is moving to lock in a $103,265 fee on new H-1B visas.

H-1Bs let companies hire foreign workers in specialty fields — mostly tech, research, and education.

The White House wants U.S. companies to hire Americans, not cheaper foreign workers.

Some business groups… pic.twitter.com/FiOfJADMLc

— Jack Bradley (@jackgbradley) August 24, 2026

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According to court filings, roughly 70 employers had paid the $100,000 fee on 85 visa applications as of late February.

In implementing the charge, Trump invoked executive authority under immigration law to restrict foreign nationals whose entry would be detrimental to U.S. interests.

The lawsuit opposing the fee was brought by the U.S. Chamber of Commerce, Democratic-led states, and a coalition of unions and employers. These legal filings could be amended to target the proposed rule once finalized.

Litigants argue executive authority to limit entry cannot override laws establishing the H-1B program. They also contend Homeland Security cannot impose fees or raise federal revenue without congressional approval.

The Trump administration maintains the charge is not a standard tax and that courts have limited power to question presidential authority regarding national entry restrictions.

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