Trump admin extends $100k H-1B visa fee by one year days before it was set to expire

On September 21, US President Donald Trump signed a proclamation to extend the $100,000 H-1B visa fee for an additional year, until September 2027. The fee, which has been invalidated by a US court and faces legal challenges, originally expired on September 21. President Trump's move to extend the fee came after he directed his top Cabinet officials to consider an employer's recent or planned layoffs of US workers when reviewing H-1B visa applications.

The White House characterized these actions as part of a broader effort to address alleged abuse of the H-1B visa program, which predominantly benefits Indian professionals working in the US. The administration claimed that the $100,000 fee led to a 92% reduction in H-1B registrations filed by major IT outsourcing firms. However, a US district court had already vacated the government's guidance implementing the fee in June, rendering the extension potentially ineffective until the ongoing appeal is resolved.

The administration argued that abuse of the H-1B program has led to wage stagnation and outsourced jobs, particularly impacting STEM workers. Data shows a more than doubling of foreign STEM workers in the US between 2000 and 2019, with H-1B visa holders comprising over 65% of IT workers in recent years.