US Proposes $103,265 Fee for H-1B Worker Visas, Impact Expected

In a significant move that could affect the prospects of many international professionals, the United States government has proposed a new application fee of $103,265 for H-1B visas. This fee is set to apply to both international students and workers already employed in the country. The proposal, announced by the Department of Homeland Security (DHS), follows an earlier fee of $100,000 introduced by the administration of former President Donald Trump.

The Trump administration initiated the previous fee in a proclamation issued in September 2025, but a US court subsequently halted its implementation in June 2026. The new fee is intended to recover the administrative costs associated with managing the US legal immigration system, as stated by DHS in a 67-page draft notice released on Monday.

DHS indicated that if the prior fee survives ongoing legal challenges and is renewed or extended, both fees could potentially be enforced at the same time. The proposed fee will only apply to 'cap-subject' H-1B visa applications. Currently, the United States limits H-1B visas to 65,000 per fiscal year, with an additional 20,000 visas available for holders of advanced degrees. However, cap-exempt H-1B applications, which are typically used by non-profit organisations and educational institutions, will not incur this extra fee.

According to the draft notice, the government believes that those applying for cap-subject H-1B visas are financially able to absorb the new fee. The revenue generated will help offset some costs incurred by various federal departments, including the Department of Labour, the State Department, and the Department of Justice.

Experts express reservations about the legal foundation of this significant fee increase. Jeff Joseph, president of immigration strategy at Manifest Law, noted, "The proposed rule is likely to face legal challenges as soon as it is finalised." He pointed out that this rule differs from the previously proposed proclamation fee, as it applies to all new cap-subject applications irrespective of the applicant's location in the US.

This change has raised concerns particularly for small and medium-sized businesses that might struggle to sponsor H-1B workers. Joseph elaborated that for smaller employers, this fee could be a decisive factor in whether they continue their sponsorship programmes, effectively pricing them out of the talent market. This raises significant implications for many sectors that rely on skilled international workers.

The proposal will be formally published on Tuesday, followed by a 30-day public comment period. After this period, DHS may implement a final rule. Meanwhile, the legal landscape remains uncertain, as challenges surrounding the previous fee are still pending.

As the US shifts its immigration policies, the proposed fee's ramifications on legal immigration and the employment landscape will be closely monitored by both industry stakeholders and foreign professionals alike.