The Donald Trump administration has proposed a dramatic increase in the cost of H-1B visas, with a new fee of $103,265 for cap-subject H-1B petitions. The proposal, announced by the U.S. Department of Homeland Security (DHS), could fundamentally change the economics of hiring highly skilled foreign professionals in the United States. The proposed charge would come on top of other applicable immigration fees, making the H-1B route substantially more expensive for employers.
The H-1B visa program is one of the most important pathways for U.S. companies and institutions seeking specialized foreign talent. It is widely used in technology, research, education, finance, healthcare and other sectors that require workers with specialized qualifications. Under the existing system, Congress has capped the main H-1B program at 65,000 visas annually, with another 20,000 available for foreign professionals who have earned advanced degrees from U.S. institutions.
The proposed $103,265 fee represents a massive increase compared with traditional H-1B government charges, which have generally been in the range of several thousand dollars depending on the petition and employer. The administration argues that the new fee would help recover the government’s costs associated with administering the legal immigration system. DHS estimates that the proposed charge could generate approximately $8.8 billion annually, based on an expected volume of around 85,000 cap-subject petitions.
The proposal follows an earlier attempt by the Trump administration to introduce a $100,000 H-1B fee. That earlier measure was challenged in court, and a federal judge ruled in June 2026 that the administration had exceeded its authority by imposing the charge without congressional authorization. The administration subsequently appealed, but its request to pause the ruling was rejected in late July.
The new proposal attempts to establish the fee through a different regulatory route. Instead of relying on the presidential proclamation that produced the earlier fee, DHS is proposing a formal regulation under its administrative authority. The move indicates that the administration remains determined to make H-1B hiring significantly more expensive, even after encountering resistance from the courts.
The proposal is particularly significant for companies that rely heavily on international recruitment. Large technology companies have historically been among the biggest users of the H-1B program. Amazon, for example, had more than 9,300 approved H-1B petitions through June 30 of fiscal year 2026, according to data cited by The Washington Post. Other major users included Tata Consultancy Services, Infosys, Apple and Microsoft.
Critics argue that such a high fee could discourage employers from hiring foreign professionals even when qualified American workers are unavailable. Universities, hospitals, research organizations and technology companies have warned that restrictions on H-1B hiring could worsen existing shortages in specialized occupations.
Supporters of the administration’s position, however, argue that companies should give greater priority to American workers. Trump and other critics have repeatedly claimed that the H-1B system can be used to replace U.S. workers with lower-cost foreign labor. The administration’s proposed rule similarly argues that a large additional cost could make employers less likely to choose an H-1B worker when a qualified American candidate is available.
The proposal is not yet final. Following publication in the Federal Register, the public will have a 30-day period to submit comments. After that period, DHS can consider the comments before deciding whether to issue a final regulation. The process could therefore involve additional legal and political challenges.
For foreign professionals hoping to work in America, the proposal creates another layer of uncertainty. The immediate significance is not that every H-1B applicant must suddenly pay $103,265, but that the administration is actively seeking to establish such a fee through a formal rule.
If finalized and upheld in court, the measure could become one of the most consequential changes to the H-1B system in years. It could affect employer hiring strategies, international talent mobility and America’s ability to compete for skilled professionals around the world.