Proposed H-1B Fee of $103,265

The Trump administration is moving to dramatically increase the cost of hiring skilled foreign workers through the H-1B visa programme.

The Department of Homeland Security has proposed a $103,265 fee for new H-1B petitions covered by the rule.

The proposed amount is far above the traditional H-1B-related costs, which have generally ranged from roughly $2,000 to $5,000 depending on the circumstances.

Earlier $100,000 Fee Was Blocked

President Donald Trump first introduced a $100,000 H-1B fee in 2025 through a presidential proclamation.

A federal judge ruled in June that the fee was unlawful and blocked the administration from collecting it. Appeals over the decision are still underway.

The new DHS proposal represents an attempt to establish a similar charge through the formal regulatory process.

Fee Is Not Immediately Payable

The $103,265 charge is not currently an immediately payable fee for every H-1B applicant.

The proposed regulation must go through a public-comment process. Once published in the Federal Register, the proposal will be open to public comments for 30 days, after which DHS can review the feedback and decide whether to issue a final rule.

Therefore, applicants should not interpret today's proposal as an immediate $103,265 bill. The final rule will determine its scope, implementation date and affected petitions.

What Is the H-1B Programme?

The H-1B programme allows US employers to hire foreign professionals for jobs requiring specialised knowledge and skills.

The programme generally provides 65,000 visas annually, plus another 20,000 for foreign workers with advanced US degrees. H-1B status can generally be granted for periods of three to six years.

Why It Matters to Indians

Indian professionals are among the biggest beneficiaries of the H-1B programme, particularly in technology, engineering, research and other specialised sectors.

A six-figure fee could therefore have significant consequences for Indian technology professionals and US companies that sponsor them.

Major Cost for Employers

If employers are responsible for the proposed fee, hiring an H-1B worker could become dramatically more expensive.

Smaller companies and startups could find it particularly difficult to absorb such a cost.

Business groups argue that the H-1B programme helps US companies fill specialised positions where qualified domestic workers may not be readily available.

H-1B Demand Has Already Fallen

Demand for H-1B visas has already declined amid the Trump administration's broader immigration restrictions.

USCIS data shows that employers registered for approximately 344,000 H-1B visas last year, more than 25% below the 2024 figure and less than half the roughly 794,000 registrations recorded in 2023.

More Restrictions on the Programme

The administration has introduced or proposed several other changes to the H-1B system.

These include enhanced applicant screening and a proposed selection process that would give greater weight to higher-skilled and higher-paid workers.

Earlier in August, DHS also introduced additional fees of up to $4,500 for certain H-1B extension or transfer applications.

Legal Challenges Expected

The proposed fee is likely to face legal scrutiny.

The US Chamber of Commerce, Democratic-led states, unions and employers have challenged the administration's authority to impose such a charge without congressional approval.

The Trump administration argues that the fee is not a conventional tax and falls within the president's authority to restrict the entry of foreign nationals.

Impact on Indian Students and Workers

The proposal could be particularly important for Indian students graduating from US universities and foreign professionals seeking H-1B sponsorship.

However, the $103,265 fee is not yet a final rule. Its eventual impact will depend on which petitions are covered, who is required to pay and when the final regulation takes effect.

Conclusion

The Trump administration has proposed a $103,265 fee for new H-1B worker visas, potentially creating one of the largest cost increases ever associated with the programme.

The proposal follows the court's decision blocking the earlier $100,000 charge and will now go through the formal rulemaking process.

If ultimately implemented, the fee could significantly affect Indian technology professionals, US employers, startups and industries that depend on skilled foreign workers.