The Trump administration’s proposed $103,265 fee for H-1B petitions could significantly increase costs for employers, potentially exceeding $200,000 and impacting foreign workers, particularly from India.
The Trump administration has unveiled a proposal to impose a new fee of $103,265 on H-1B visa petitions. This move could elevate the total cost of sponsoring certain foreign workers to over $200,000 when combined with an existing $100,000 payment introduced earlier.
Announced by the Department of Homeland Security (DHS), the proposed fee would apply to all cap-subject H-1B petitions, including those eligible for the advanced degree exemption. This fee would be in addition to the current H-1B filing fees and other applicable payments.
The implications of this proposal could be substantial for U.S. employers who depend on the H-1B program to hire foreign professionals, particularly in sectors such as technology and health care. Indian professionals, who represent a significant proportion of H-1B approvals, may be disproportionately affected by these increased costs.
The $103,265 fee is distinct from the previously introduced $100,000 payment. Should both fees be applied to the same petition, employers could face a staggering total of over $200,000 in fees and payments, not including other existing costs associated with the H-1B process.
DHS has indicated that the proposed fee is intended to serve as a dedicated revenue source to help fund the federal government’s costs associated with managing the lawful immigration system. This includes activities across various agencies such as DHS, the Department of Justice, the Department of State, and the Department of Labor.
According to estimates from DHS, the new fee could generate billions of dollars in revenue. This proposal is part of the Trump administration’s broader efforts to reform the H-1B program and increase the financial burden on employers hiring foreign workers in the United States.
It is important to note that the proposed fee is not yet in effect. DHS has published the proposal as a notice of proposed rulemaking, which has initiated a public-comment period that will last until September 24, 2026. Following this period, the agency will review the comments and issue a final rule before the fee can be implemented.
Additionally, the introduction of this new fee comes amid ongoing legal challenges related to the earlier $100,000 H-1B payment. The litigation surrounding this previous fee adds another layer of uncertainty for both employers and foreign professionals navigating the complexities of the H-1B visa system.
As the situation develops, stakeholders in the H-1B program will be closely monitoring the public comments and any subsequent actions taken by the DHS regarding this proposed fee.
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