Trump moves to impose more than $100 000 fee for H-1B worker visas

President Donald Trump's administration has introduced a proposed rule to impose a fee of over $100,000 on new H-1B visas for highly skilled foreign workers, a measure previously blocked by courts. This fee would significantly increase the cost of visas relied upon heavily in tech, education, and research sectors. A federal judge previously ruled the fee illegal in June, but the decision is currently under review by a Boston-based appeals court while another court examines a challenge from a major business group.

The proposed rule, posted in the Federal Register on Monday, would make the fee of $103,265 permanent and could be finalized by the end of the year. The H-1B program allows US employers to hire foreign workers with training in specialized fields, offering 65,000 visas annually and an additional 20,000 for workers with advanced degrees.

The visas typically come with fees between $2,000 and $5,000, but Trump's order expanded this to $100,000, excluding visas granted to foreign citizens already in the US on student visas or renewals of current visas. Critics argue that the program is abused by companies replacing American workers with cheaper foreign labor, while supporters claim it's necessary to address a lack of qualified American workers and allow U.S. businesses to recruit top talent.

Approximately 70 employers paid the $100,000 fee on 85 visa applications as of late February, according to court filings. The fee was imposed based on Trump's power under immigration law to restrict entry of certain foreign nationals detrimental to US interests. The lawsuits challenging the fee claim that Trump's power does not allow him to override the law creating the H-1B visa program and that the Department of Homeland Security cannot impose fees, taxes, or other revenue-generating methods without congressional permission.

The administration maintains the fee is not a traditional tax and that courts have limited power to question the president's authority to restrict entry into the country.