Trump Administration Proposes Over $100,000 H-1B Visa Fee, Replacing Court-Overturned $10,000 Fee

The U.S. Department of Homeland Security has proposed a new $103,265 fee for employers filing H-1B visa petitions, applicable to petitions subject to the annual statutory cap, including those qualifying for the 20,000 advanced degree exemption.

If approved, the new rule proposed on Monday would apply to workers seeking employment under the U.S. annual statutory quota. The proposed fee is designed to cover the costs of federal management of the legal immigration system, including activities conducted by the Department of Homeland Security, the Department of Justice, the Department of State, and the Department of Labor.

The public will have 30 days to submit comments after the proposal is published in the Federal Register on Tuesday.

Immigration Control Intensifies

This development follows reports that the Trump administration was considering a $100,000 fee for international students seeking to work in the U.S. after graduating from American universities. The proposed fee would target the Optional Practical Training (OPT) program, which allows international graduates to work in the U.S. for 1-3 years after completing their studies. Approximately 419,000 foreign graduates participated in the program in 2024. However, that proposal has not been finalized.

This comes after a federal judge in June overturned the Trump administration's $100,000 H-1B visa fee, ruling it was an unauthorized tax. Meanwhile, the administration has also considered imposing a $100,000 bond on certain green card applicants overseas as part of efforts to tighten legal immigration.

The proposed fee would not apply to cap-exempt H-1B petitions, including those filed by institutions of higher education, nonprofit research organizations, and government research organizations.

The annual H-1B cap remains at 85,000 visas: 65,000 regular slots plus 20,000 for holders of U.S. master's degrees.

Immigration Control Raises Stagflation Risks

In April, H-1B visa petitions from major tech companies including Amazon.com Inc., Alphabet Inc.'s Google, Meta Platforms, Inc., and Microsoft Corp. saw a sharp decline amid intensified scrutiny.

Moody's Chief Economist Mark Zandi said the Trump administration's immigration policies and other supply-side shocks are leading to higher unemployment, slower growth, and inflation. He expects immigration policy to eventually change but warned of near-term stagflation risks, with prices rising while output growth fails to keep pace. Zandi noted that in October 2025, the unemployment rate for foreign-born workers fell below that of native-born workers, while the native-born unemployment rate rose, reflecting weaker overall labor demand.