1 week ago
Trump Administration Proposes Permanent $103,265 H-1B Visa Fee
The US government wants to permanently charge more than $100,000 for many new H-1B work visas.
These visas help American employers hire skilled workers from other countries.
The program normally offers 65,000 visas, plus 20,000 for people with advanced degrees.
Before the new fee, employers generally paid between $2,000 and $5,000.
A judge said the large fee was illegal, and courts are still considering the dispute.
The administration says the fee is allowed under the president’s immigration powers.
Business groups, states, unions, and employers disagree and have challenged it.
The government is also reportedly planning to cancel about 200,000 business and tourist visas.
The affected visitors are people who entered claiming short visits but later applied for asylum, according to the State Department.
The Department of Homeland Security proposed making a $103,265 fee for new H-1B visas permanent.
The temporary fee, introduced last year, is scheduled to expire in September.
H-1B visas cover specialty occupations, with 65,000 regular visas and 20,000 advanced-degree visas available annually.
A federal judge ruled the fee illegal in June, while appeals and other legal challenges remain ongoing.
The administration is reportedly preparing to revoke about 200,000 B1 and B2 visas held by people who sought or are seeking asylum.
- Who
- The Trump administration, the Department of Homeland Security, foreign H-1B applicants, employers, and holders of B1 and B2 visas.
- What
- The administration proposed making a $103,265 fee for new H-1B visas permanent and is reportedly preparing large-scale revocations of certain business and tourist visas.
- Where
- The United States; the H-1B fee appeal is being reviewed by a Boston-based appeals court.
- When
- The proposed H-1B rule was published on Monday; the temporary fee is scheduled to expire in September, and the reported B1 and B2 revocations could be announced in the coming weeks.
- Why
- The administration says the H-1B fee is authorized by presidential immigration powers, while officials say the reported B1 and B2 revocations target visitors who later sought asylum to remain in the United States.
Administration and H-1B critics
Business groups, employers, and legal challengers
Need for H-1B workers
Administration and H-1B critics
President Donald Trump and other critics say companies can misuse the program to replace American workers with cheaper foreign labor.
Business groups, employers, and legal challengers
Business groups and companies say H-1B visas help address shortages of qualified US workers and enable employers to recruit highly skilled talent.
Authority to impose the fee
Administration and H-1B critics
The Trump administration says the charge is not a traditional tax and is authorized by the president’s power to restrict the entry of foreign nationals.
Business groups, employers, and legal challengers
The US Chamber of Commerce, Democratic-led states, unions, and employers argue that immigration powers do not override the H-1B law and that the Department of Homeland Security cannot raise revenue without congressional authorization.
B1 and B2 visa revocations
Administration and H-1B critics
The State Department says it is coordinating with the Department of Homeland Security to revoke visas from people who entered as short-term visitors and later filed for asylum to stay permanently.
Business groups, employers, and legal challengers
The reported plan could affect about 200,000 foreigners and would be the largest mass visa cancellation in US history, according to the report.
Key facts
- Proposed H-1B fee
- $103,265 for new H-1B visas
- Previous fee range
- Typically $2,000 to $5,000 before the temporary increase
- Annual allocation
- 65,000 regular visas plus 20,000 for workers with advanced degrees
- Indian share
- 71% of H-1B visas issued in fiscal year 2023-24
- Reported exemptions
- The source articles say the fee would not apply to people already in the United States on student visas or to current visa renewals; Reuters says the proposed rule appeared likely to apply more broadly, creating a discrepancy.
- Legal status
- A federal judge ruled the fee illegal in June; an appeals court and another court are reviewing related challenges.
- Reported B1 and B2 revocations
- About 200,000 business and tourist visas, reportedly covering visas issued from 2016 through 2026
Quotes
Tommy Pigott
State Department spokesperson
“We are coordinating with DHS to identify and revoke the nonimmigrant visas of foreigners who have come to the United States claiming to be short-term visitors, but then file for asylum to stay here permanently.”
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Sources
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