US govt to make $103,000 H-1B visa fee permanent

The United States government has announced plans to formalise a controversial fee of more than $100,000 on new H-1B visas for highly skilled foreign workers, despite ongoing legal challenges over the policy.

The Department of Homeland Security on Monday released a proposed regulation seeking to establish a permanent $103,265 fee for certain new H-1B visa applications.

The proposal, which will be officially published in the Federal Register on Tuesday, opens a 30-day period for public comments.

The move follows United States President Donald Trump’s temporary order last year introducing the fee, which significantly increased the cost of obtaining the work visas widely used by technology companies, universities and research institutions to recruit foreign talent.

However, the policy has faced legal opposition. A federal judge in June ruled that the fee was unlawful and blocked the administration from enforcing it. The decision is currently under review by a Boston-based appeals court, while another legal challenge is also being considered by a court in Washington, D.C.

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Trump’s 2025 proclamation introducing the fee is set to expire in September, one year after it was issued, but it directed the Department of Homeland Security to develop regulations that would make the charge permanent.

If finalised, the new rule could take effect before the end of the year.

The H-1B visa programme allows U.S. employers to hire foreign workers in specialised fields and provides 65,000 visas annually, with an additional 20,000 slots available for workers holding advanced degrees. Visas are typically issued for periods ranging from three to six years.

Before Trump’s order, H-1B visa-related fees generally ranged from about $2,000 to $5,000, depending on the applicant and employer circumstances. The proposed increase has drawn concern from businesses that rely heavily on the programme to fill specialised positions.