US proposes permanent $103,265 fee on H-1B visas for skilled foreign workers

The U.S. Department of Homeland Security has proposed making the $103,265 fee permanently applicable to H-1B visas, a significant increase from the temporary $100,000 fee imposed by the Trump administration last year. This move aims to raise the cost of visas heavily used in tech, education, and research sectors, with a potential finalization by year-end.

The fee, initially blocked by a federal judge, is currently under review by a Boston-based appeals court, while another court examines the validity of a challenge by a major business group. Despite the temporary nature of the fee's expiration in September, the permanent proposal could impact the 65,000 annual H-1B visas, with additional 20,000 given to workers with advanced degrees.

The fee would not apply to visas granted to foreign citizens already in the U.S. on student visas or to renewals of current visas. Critics argue that the H-1B program is abused by companies that replace American workers with cheaper foreign labor, while supporters argue it's necessary to address a lack of qualified American workers and to recruit top talent.

The proposed rule could potentially alter the visa landscape, with critics claiming the president's authority to restrict entry does not allow for overriding the H-1B visa program's creation law.