Archive · 7 Sep 2026
US Weighs $200,000 H-1B Visa Fee Amid Legal Fight
The United States is considering raising a fee for some H-1B work visas to $200,000.
These visas let companies hire foreign workers for specialized jobs.
The companies, not the workers, would have to pay the fee.
The fee would apply to visas covered by the yearly limit, but not many university and research petitions outside that limit.
A previous $100,000 payment was linked to a large fall in applications from abroad.
USCIS said only 85 applicants paid it during the first five months.
Some technology workers want higher fees because they believe this could reduce competition from foreign workers.
Immigration advocates, universities, and healthcare organizations say the fees could make it harder to hire needed workers.
The earlier payment was ruled unlawful by a judge, and the government is appealing that decision.
A proposed $200,000 fee could apply to cap-subject H-1B petitions, while employers—not workers—would pay it.
The proposal follows a reported 87% decline in overseas applications after a $100,000 payment was introduced.
USCIS said 85 applicants paid the $100,000 charge during its first five months, generating $8.5 million before court action.
The H-1B program has an annual cap of 85,000 visas, including 20,000 reserved for qualifying master’s degree holders.
Technology workers support higher fees as a way to reduce foreign-labor competition, while employers and immigration advocates warn of staffing and research harm.
- Who
- The United States government, employers seeking H-1B workers, technology professionals, immigration advocates, universities, research institutions, and healthcare organizations.
- What
- A proposed increase in the H-1B visa fee to $200,000 for cap-subject petitions.
- When
- The proposal follows the first five months of a $100,000 payment; the earlier payment remains under appeal after a court ruling.
- Where
- The United States, affecting employers and foreign workers applying through the H-1B program.
- Why
- Supporters say a higher fee could reduce competition from foreign labor, while critics warn it could worsen staffing shortages and damage research and innovation.
Supporters of Higher Fees
Critics of Higher Fees
Foreign-labor competition
Supporters of Higher Fees
Some technology professionals and IT workers argue that higher fees could reduce competition from foreign labor.
Critics of Higher Fees
Immigration advocates and affected institutions argue that higher fees could restrict access to needed specialized workers.
Staffing and innovation
Supporters of Higher Fees
Supporters emphasize limiting the use of foreign workers through a more expensive visa system.
Critics of Higher Fees
Technology companies, universities, research institutions, and healthcare organizations warn that higher costs could hurt staffing, research, innovation, and medical services, particularly in underserved areas.
Legality of the earlier payment
Supporters of Higher Fees
The Justice Department argues that the $100,000 payment is a regulatory measure rather than a tax.
Critics of Higher Fees
A US District Judge ruled the payment unlawful; the government is appealing that decision.
- Proposed fee
- $200,000 for certain cap-subject H-1B petitions
- Previous payment
- $100,000; a judge ruled it unlawful, and the government is appealing
- Reported applications
- 85 applicants paid the previous charge during its first five months
- Reported revenue
- $8.5 million from those 85 payments
- Application decline
- Applications fell by 87%, reportedly reducing revenue by $28 million during that period
- Annual H-1B cap
- 85,000 visas: 65,000 regular slots and 20,000 for qualifying master's degree holders
- Exemptions
- The proposed fee would not apply to cap-exempt petitions filed by universities and certain research organizations