The Trump administration has proposed making a six-figure fee permanent for new H-1B visa petitions [1].
This move targets the primary pathway for high-skilled foreign workers to enter the U.S. labor market. If implemented, the cost would fundamentally change the economic calculus for tech companies and outsourcing firms that rely on foreign talent.
Under the proposal, the fee for new cap-subject petitions would be approximately $100,000 [1], with some reports specifying the exact amount as $103,265 [2]. The administration released the proposal in 2025, providing a 30-day window for public comment [4, 5].
Officials said the fee is intended to help the government recover the costs of the immigration system [5]. The administration also said the charge would restrict the entry of foreign workers deemed detrimental to U.S. interests, and encourage companies to hire and pay American workers more [5].
The proposal faces significant legal hurdles. A federal judge previously ruled a temporary version of the $100,000 fee illegal and blocked its collection [3]. Other reports indicate the current proposal is not yet final and remains open to further legal challenges [1].
The H-1B program is widely used by U.S. tech giants and Indian IT firms to fill specialized roles. A fee of this magnitude would represent a massive increase over existing costs, potentially pricing out smaller employers and shifting the operational models of global consultancy firms.
“The proposal seeks to charge employers up to $103,265 per new petition.”
This policy represents a shift toward using financial barriers rather than just quotas to limit foreign labor. By dramatically increasing the cost of H-1B visas, the administration aims to make foreign labor more expensive than domestic labor, effectively forcing a 'buy American' approach to high-tech hiring. However, the previous judicial block suggests the administration may struggle to justify such a high fee as a mere cost-recovery measure rather than an unauthorized tax.
