Trump Administration Takes Second Swing at Hefty Fees for Visa Applicants

The Trump administration has announced a second attempt to hike fees for H-1B visa applicants, proposing a $103,265 charge for certain applications. The proposed rule, published on Tuesday, would funnel the revenue from these fees into the legal immigration system, including federal immigration courts and U.S. Immigration and Customs Enforcement.

The rule would apply to all H-1B visa petitions under the 85,000-visa cap, including those reserved for master's or higher degree holders. Employers would still cover the H-1B filing fees.

This is the administration's second effort to boost H-1B fees. In September 2025, President Trump signed an executive order raising application fees from $2,000-$5,000 to $100,000 per petition, aiming to curb what he called systemic abuse of the program. However, a district court judge blocked this order in June, ruling it exceeded the administration's authority. The court stated the policy imposed a tax on H-1B petitions without proper congressional delegation.

Medical organizations praised the judge's decision, fearing the executive order would worsen healthcare workforce shortages. International medical graduates, comprising about 25% of the U.S. physician workforce, were particularly concerned. Congress established the H-1B program in 1990, allowing 65,000 skilled foreign workers annually and an additional 20,000 for workers with advanced degrees from U.S. universities.

Research indicated that vulnerable and underserved counties tended to have a higher share of H-1B visa-sponsored physicians, who often fill critical gaps in healthcare delivery systems.

The administration appealed the judge's ruling but was denied a temporary freeze on it. The proposed regulation would apply to many workers already residing in the U.S., with a 30-day public comment period. The American Medical Association stated it would scrutinize the proposed rule but expressed concerns about potential impacts on access to care in rural and underserved areas, where international medical graduates are crucial to the healthcare system.