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Trump administration proposes formalizing $103,265 fee for H-1B work visas

The Department of Homeland Security published a proposed rule to permanently increase costs for skilled foreign worker visas, following legal challenges to a temporary fee.

The short version

  • The Department of Homeland Security published a proposed rule setting a permanent $103,265 fee for H-1B skilled worker visas.
  • The proposed rule replaces a temporary $100,000 fee that was blocked by a federal judge and is currently subject to a 30-day public comment period.
  • Business groups, labor unions, and Democratic-led states contend the executive branch lacks congressional authority to establish revenue-generating visa fees.

Key facts

  • The Trump administration published a rule in the Federal Register seeking to formalize a $103,265 fee for H-1B visa applications.[Al Jazeera]
  • The proposed DHS rule initiates a 30-day public comment period before it can be finalized.[Al Jazeera]
  • A federal judge previously struck down the administration's temporary $100,000 H-1B fee, a decision currently under review by an appeals court in Boston.[Al Jazeera]
  • The standard H-1B visa program offers 65,000 visas annually, with an additional 20,000 set aside for foreign workers holding advanced degrees.[Al Jazeera]
  • Employer registrations for H-1B visas dropped to approximately 344,000 last year, down from 794,000 in 2023.[Al Jazeera]

What remains uncertain

  • It remains uncertain whether federal courts will allow the new fee rule to take effect if finalized, as existing lawsuits argue the administration lacks authority from Congress to impose such fees.[Al Jazeera]

Sources