Trump Administration Proposes $103,265 Fee for New H-1B Petitions

The Trump administration is proposing a new $103,265 fee for employers filing certain new H-1B petitions, a move that could dramatically increase the cost of hiring foreign professionals in the United States.

The fee would be dozens of times higher than existing H-1B filing costs and, unlike an earlier temporary $100,000 payment requirement, would remain in place indefinitely if finalized.

The Department of Homeland Security published the proposed rule in the Federal Register on August 25. It would impose an additional $103,265 fee on all cap-subject H-1B petitions, including petitions qualifying for the advanced-degree exemption. The fee would be charged on top of all other applicable filing fees.

That means the proposal would apply to the annual pool of 65,000 regular H-1B visas plus 20,000 additional slots reserved for beneficiaries with advanced degrees from U.S. institutions.

It would not apply to every H-1B petition. The proposed rule specifically excludes cap-exempt filings, meaning the six-figure charge would generally not apply to petitions outside the annual numerical quota.

Employers currently pay several different fees when sponsoring H-1B workers, with the total varying depending on the size and type of employer and whether optional services such as premium processing are used.

Under the proposal, employers subject to the new rule would have to pay the additional $103,265 each time they file a qualifying cap-subject petition.

Nearly $8.8 billion in projected revenue

DHS estimates that applying the fee to 85,000 cap-subject petitions annually would generate approximately $8.8 billion a year.

The department says the money would help cover costs associated with administering the broader legal immigration system across DHS as well as the departments of Justice, State and Labor.

The proposal also suggests the fee could discourage employers from hiring H-1B workers unless they have a strong need for specialized foreign talent. DHS said the added cost could indirectly protect wages and employment opportunities for highly skilled U.S. workers.

The proposal comes as the administration is pursuing broader efforts to raise financial and regulatory barriers to employment-based immigration.

Officials are also reportedly considering a separate fee of as much as $100,000 for Optional Practical Training, or OPT, which allows international students on F-1 visas to work in the United States after graduation. That idea remains under review and has not yet become policy.

Public comments open through Sept. 24

The H-1B proposal is not yet in effect.

The Federal Register notice opened a 30-day public comment period, with comments due by September 24. DHS must review the submissions before moving forward with a final rule.

Immigration attorney Kwan Woo Chun emphasized that employers should not mistake the announcement for an immediately enforceable fee.

“This is still an administration proposal and does not take effect immediately,” Chun said. “Even if a final regulation is issued, there is a significant possibility that it will again face challenges in court.”

Legal challenges are widely expected, particularly because the administration’s previous attempt to impose a similar six-figure H-1B payment has already run into trouble in federal court.

President Donald Trump issued a proclamation in September 2025 requiring a $100,000 payment with certain new H-1B petitions.

On June 8, U.S. District Judge Leo Sorokin in Massachusetts vacated the government policies implementing that payment requirement, finding that the administration had exceeded its authority. The government appealed.

On July 24, the 1st U.S. Circuit Court of Appeals declined the administration’s request to stay the district court ruling during the appeal. As a result, the earlier $100,000 payment requirement cannot currently be enforced while the litigation continues.

The new $103,265 proposal, however, relies on a different legal theory. DHS explicitly says it is proposing the fee under statutory authority governing immigration fees rather than the presidential authority used to support the 2025 proclamation.

That distinction could become central to any future court challenge.

Employers could rethink foreign hiring

Businesses are also likely to push back against the proposal.

Immigration attorney Wan Suk Oh said the financial burden would fall directly on employers sponsoring foreign workers.

“The employer is the party that pays H-1B petition fees,” Oh said. “If the cost exceeds $100,000 for a single new foreign professional, companies will inevitably become more reluctant to recruit international talent.”

He warned that the policy could have broader economic consequences if highly skilled workers choose countries where employers face fewer barriers to hiring them.

“If advanced talent begins moving elsewhere, the result could ultimately be a decline in America’s own competitiveness,” Oh said.

The consequences could be particularly significant for technology, engineering, finance and other industries that have traditionally relied heavily on H-1B professionals.

For now, however, the $103,265 charge remains only a proposal.

Whether it becomes one of the most expensive employment-visa fees in U.S. history will depend on the federal rulemaking process — and, almost certainly, another round of litigation.