DHS proposes $103,265 fee for new H-1B visas

The Department of Homeland Security proposed a permanent fee of $103,265 for new H-1B visas on Monday, August 24, 2026, seeking to codify a controversial charge that has been tied up in federal courts. The move follows the Trump administration's temporary imposition of a similar, though slightly lower, fee via presidential proclamation in September 2025. That initial $100,000 fee is set to expire next month, but its legality is actively being challenged.

The new proposed rule was posted in the Federal Register on Monday and opens a 30-day public comment period. Officials state the fee is designed as a revenue mechanism to recoup a portion of the federal government's costs for administering the lawful immigration system, with funds directed to the Departments of Homeland Security, Labor, State, and Justice. The H-1B program allows U.S. employers to hire foreign workers in specialty occupations, offering 85,000 visas annually. Prior to the 2025 fee, typical costs ranged from $2,000 to $5,000.

The administration argues the program has been exploited to replace, rather than supplement, American workers. In its new proposal, the DHS also acknowledges what it calls an "indirect"...