Trump administration proposes $103,265 H-1B visa fee rule
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The Trump administration published a proposed rule on Monday to formalize a $103,265 fee for H-1B visa applications. The proposal, published in the Federal Register, opens a 30-day public comment period before the Department of Homeland Security could finalize it. The move comes as courts continue to review the legality of a temporary $100,000 fee imposed last year.
Key Facts
- The proposed rule would charge $103,265 for H-1B visa applications, up from typical fees of $2,000 to $5,000.
- The proposal was published in the US Federal Register on Monday and is subject to a 30-day public comment period.
- A federal judge ruled in June that the temporary $100,000 fee was illegal and barred its collection.
- As of February 15, US Citizenship and Immigration Services had received 85 payments of the $100,000 fee from 70 employers.
- The H-1B programme offers 65,000 visas annually, plus 20,000 for workers with advanced degrees.
Proposed Fee Rule
The Department of Homeland Security published the proposed rule in the Federal Register on Monday. The rule would set the H-1B visa application fee at $103,265. A 30-day public comment period will follow before the rule could be finalized. The proposal would replace a temporary $100,000 fee imposed by Trump last year, which is set to expire in September.
Legal Challenges
In June, a federal judge ruled the temporary fee illegal and barred the administration from collecting it. A Boston-based appeals court is reviewing that decision. A separate court is considering whether a Washington, DC judge properly rejected a challenge by a major business group. The fee is being challenged by the US Chamber of Commerce, Democratic-led states, and a coalition of unions and employers.
Programme Impact
The H-1B programme allows US employers to hire foreign workers with specialty training. It offers 65,000 visas annually, with an additional 20,000 for workers with advanced degrees. Typical H-1B visa fees ranged from about $2,000 to $5,000 before the increase. As of February 15, US Citizenship and Immigration Services had received 85 payments of the $100,000 fee from 70 employers. The fee increase has discouraged H-1B visa requests, according to court filings.
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Trump administration proposes $103,265 H-1B visa fee rule
