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US Proposes Permanent Rule For $103,265 H-1B Visa Fee
The Hindu··25 Aug
The Trump administration proposed a rule to codify a fee over $100,000 on new H-1B visas, after a similar fee last year was blocked by a judge who called it illegal. The $103,265 fee, posted in the Federal Register, opens a 30-day comment period and could be finalised by year-end. Business groups and unions are challenging it as overreach.
Prism
What It Means For You
- If you or someone you know is pursuing an H-1B visa, this proposed rule could make the roughly $100,000 fee permanent rather than temporary.
- Employers sponsoring foreign tech and research talent may factor this cost into hiring decisions, potentially affecting job opportunities for skilled applicants.
- The 30-day comment period gives affected workers, universities and companies a formal window to respond before the rule is finalised.
What's Happening
- DHS proposed a $103,265 fee on new H-1B visas, posted in the Federal Register on August 24 for formal publication the next day.
- The rule follows a similar fee Trump imposed last year that a federal judge ruled illegal and blocked in June.
- The proposal opens a 30-day public comment period, and DHS could finalise the rule by the end of the year.
How A Blocked Fee Became A Formal Rule
- About 70 employers had already paid the earlier $100,000 fee on 85 visa applications by late February, according to court filings.
- H-1B registrations dropped to about 344,000 last year, down more than 25 percent from 2024 and less than half of 2023's total.
- The US Chamber of Commerce, Democratic-led states and a coalition of unions and employers are separately challenging the fee in court.
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