How Trump's H-1B visa fee evolved from temporary to permanent policy
Trump's H-1B visa fee evolved from temporary $100,000 charge to permanent $103,000 policy with enhanced vetting.
Event / Politics
Federal judges block President Trump's $100,000 fee on H-1B skilled worker visas, ruling the administration failed to follow proper regulatory procedures. Multiple courts find the fee lacks constitutional authority, while business groups warn of impacts on healthcare, education, and technology sectors.
2026-10-02 to 2026-10-31 · UTC publication dates
Coverage begins 2 Oct, 03:47 UTC
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The Department of Homeland Security in August moved to adopt a permanent fee of approximately $103,000 on H-1B visas. When finalized, this fee will likely be challenged in court, though it will involve different legal issues than lawsuits over Trump's original fee, which have focused on the president's power to set such fees unilaterally.
The Trump administration ordered enhanced vetting of H-1B applicants and proposed a new visa selection process that would favor higher-skilled and better-paid workers. These changes were part of broader reforms to the H-1B program.
President Trump extended the $100,000 H-1B visa fee, which was originally set to expire on September 21, for another year. This extension came after the initial fee faced multiple legal challenges in federal courts.
President Trump imposed an unprecedented $100,000 fee on new H-1B visas for highly skilled foreign workers. The fee was originally set to expire on September 21 but Trump recently extended it for another year. Trump invoked presidential power under federal immigration law, claiming businesses had abused the H-1B program and replaced American workers with cheaper foreign labor. The fee increased costs from typical amounts of $2,000 to $5,000.
The H-1B program allows US employers to hire foreign workers with training in specialty fields and is heavily relied upon by technology companies. The program offers 65,000 visas annually, with an additional 20,000 visas available for workers with advanced degrees. These visas are approved for three to six years. Technology companies in particular depend heavily on H-1B workers.
The US Chamber of Commerce, the country's largest business lobbying group, filed a third lawsuit challenging Trump's H-1B visa fee. A district judge rejected the Chamber's claims that Trump lacked authority to set the fee, and the Chamber is now appealing that decision.
A federal judge in Boston temporarily blocked Trump's $100,000 H-1B visa fee in June in a separate case brought by 20 states. In July, a Boston-based appeals court declined to pause that decision, allowing the fee to remain blocked pending further litigation.
US District Judge Haywood Gilliam in Oakland, California ruled on September 30 that the US Citizenship and Immigration Services and the State Department failed to follow necessary rule-making processes before implementing Trump's $100,000 fee on H-1B visas for highly skilled foreign workers. The judge granted a request by a coalition of unions, employers, and nonprofits to block the agencies from implementing the fee pending the outcome of a lawsuit filed in October.
Trump's H-1B visa fee evolved from temporary $100,000 charge to permanent $103,000 policy with enhanced vetting.
Second federal judge blocks Trump's H-1B visa fee as legal challenges mount.