Archive · 20 Sep 2026
Trump Extends $100,000 H-1B Fee Order Amid Legal Challenges
The H-1B program lets some skilled workers from other countries work in the United States.
President Donald Trump extended an order involving a much higher fee for certain new H-1B visas.
The fee is $100,000 instead of the usual roughly $2,000 to $5,000 range.
The order is set to remain in place until September 21, 2027.
Some people already in the United States on student visas and people renewing visas are generally not covered.
The White House says the policy is meant to stop companies from using cheaper foreign labor in some jobs.
Business groups say H-1B visas help companies find workers with needed skills.
A judge ruled the fee unlawful, and the government is appealing.
Indians may be especially affected because they made up 71% of approved H-1B beneficiaries in fiscal year 2024.
President Donald Trump extended the $100,000 H-1B fee order through September 21, 2027.
The White House says the measure addresses alleged abuses involving lower-paid workers and IT outsourcing firms.
A federal judge ruled the fee unlawful and blocked its collection; appeals and another Chamber of Commerce case remain pending.
The fee generally excludes some students already in the United States and renewals of existing H-1B visas.
India-born beneficiaries received 71% of approved H-1B petitions in fiscal year 2024, making the policy especially significant for Indians.
- Who
- President Donald Trump, the White House, United States employers, foreign skilled workers, business groups, and groups challenging the fee.
- What
- An order imposing a $100,000 fee on certain H-1B visa petitions was extended for another year.
- When
- The extension runs through September 21, 2027; the original order was issued in September 2025.
- Where
- The policy applies to H-1B hiring in the United States, while courts including a Boston-based appeals court review its legality.
- Why
- The administration says the fee addresses abuses, wage suppression, and outsourcing associated with parts of the H-1B program; Trump also seeks to make the increase permanent.
Critics and Fee Challengers
Administration and Business Supporters
Impact on American workers
Critics and Fee Challengers
Critics argue that some companies use H-1B visas to hire lower-paid foreign workers instead of Americans, potentially suppressing wages and limiting opportunities for US workers and recent STEM graduates.
Administration and Business Supporters
Business groups and companies say H-1B visas help recruit highly skilled professionals and address shortages of qualified US workers in some industries.
Legality of the fee
Critics and Fee Challengers
A federal judge ruled the fee unlawful and blocked the government from collecting it; the US Chamber of Commerce has also challenged the policy.
Administration and Business Supporters
The Trump administration extended the order while appealing the ruling and pursuing a permanent increase in the fee.
Effect on the H-1B program
Critics and Fee Challengers
Companies say changes to visa scrutiny, processing, and fees have affected hiring and expansion plans, with Alphabet increasing operations in India.
Administration and Business Supporters
The White House says the changes have been effective, citing a 92% decline in registrations from major IT staffing and outsourcing firms and a shift toward higher-skilled, higher-paid applicants.
- Fee amount
- $100,000 for certain H-1B petitions, compared with an earlier range of approximately $2,000 to $5,000
- Extension end date
- September 21, 2027
- Reported payments
- More than 700 petitions included the $100,000 payment, according to the proclamation
- Reported registration change
- Registrations from the largest IT staffing and outsourcing firms fell 92%, from 24,946 to 2,055, according to the administration
- Indian beneficiaries
- India-born beneficiaries accounted for 71% of approved H-1B petitions in fiscal year 2024, compared with about 12% for China
- Exemptions
- The fee generally does not apply to some foreign citizens already in the United States on student visas or to renewals of existing H-1B visas
- Court status
- A federal judge blocked collection and ruled the fee unlawful; the government appealed to a Boston-based appeals court
