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Could Trump’s H-1B fee plan push hiring costs above $200,000? Here’s the calculation

From Times of India · () English

Translated from English and summarized by DistantNews. Read the original for the full story.

At a glance

Explainer Named sources In the courts
  • Employers could theoretically face $203,265 in government charges for some cap-subject H-1B petitions if two separate Trump administration fees both take effect.
  • A federal judge struck down the earlier $100,000 payment, while the Department of Homeland Security has proposed a separate $103,265 fee through rulemaking.
  • DHS says the new fee would recover immigration-system costs and could apply to about 85,000 petitions annually, although neither charge currently operates as a combined fee.

The cost of hiring a foreign skilled worker through the H-1B visa program could theoretically rise above $200,000 under two separate measures proposed or imposed by the Trump administration. The potential total is $203,265, before ordinary H-1B filing and other applicable fees.

The calculation combines a $100,000 payment created by a presidential proclamation with a newly proposed Department of Homeland Security fee of $103,265. The earlier payment applied to certain H-1B workers entering the United States from abroad. A federal judge struck it down in June 2026 as unlawful, and the administration has appealed. The payment is not currently being collected.

The DHS proposal uses a different mechanism. Published in the Federal Register on August 24, it would apply to cap-subject H-1B petitions, including petitions covered by the advanced-degree exemption. It would not apply to cap-exempt petitions. DHS proposed the charge separately rather than increasing an existing H-1B fee.

The Federal Register notice said the fee would come in addition to other applicable payments, including a separate amount required under a presidential proclamation. DHS said petitioners subject to both charges would have to pay both: $100,000 under the earlier proclamation and $103,265 under the proposed rule. That combined amount remains theoretical because the first payment was blocked and the second has not become a rule.

DHS says the new fee would recover the cost of administering the lawful immigration system across federal agencies. The department estimates it could generate billions of dollars annually and apply to about 85,000 cap-subject petitions each year. USA Today reported that only 85 applicants paid the $100,000 fee during the first five months before courts blocked it, while the number of applicants dropped 87.

About this summary

Originally published by Times of India in English. Translated, summarized, and contextualized automatically by DistantNews, with a note on how the source frames the story. Not individually reviewed before publishing. How this works.