The Trump administration proposed a new $103,265 fee for all cap-subject H-1B visa petitions on Monday [1], [2].
This move represents a second attempt by the Department of Homeland Security (DHS) to significantly increase the cost of hiring foreign skilled workers. The proposal aims to maintain revenue goals for the program after a legal setback earlier this year.
According to the DHS, the $103,265 fee [1] must be paid at the time of filing and will be added to all other existing applicable fees [2]. This new amount replaces a previous attempt to implement a $100,000 fee [4].
That earlier proposal was blocked by the judiciary on June 8, 2026 [4]. In the ruling, Judge Leo Sorokin said, "The $100,000 fee is unprecedented and unlawful" [4].
White House senior adviser John Smith said the new fee ensures the integrity of the H-1B program and helps fund enforcement priorities [1]. The administration is positioning the cost as a tool for program oversight.
Jane Doe, a spokesperson for the DHS, said employers will be required to pay the $103,265 fee at the time of filing, on top of all other applicable fees [2].
The H-1B program allows U.S. companies to employ foreign workers in specialty occupations. By increasing the cost of these petitions, the administration seeks to alter the financial incentives for companies relying on the cap-subject visa process.
“"The $100,000 fee is unprecedented and unlawful,"”
The administration is attempting to bypass a judicial block by slightly adjusting the fee amount and structure. By raising the cost to over $100,000, the government creates a significant financial barrier for companies seeking high-skilled foreign labor, effectively shifting the cost of program enforcement onto the employers while testing the legal limits of DHS's fee-setting authority.
