Trump administration plans $100,000 H-1B visa fee despite legal challenges

The Trump administration is moving forward with plans to implement a significant fee for H-1B visa renewals, according to a draft regulation obtained by EFE. The proposed fee amounts to $103,265 and would be applied to all applications for workers seeking to renew their H-1B visas.

This initiative faces legal challenges, as a federal judge in Massachusetts previously invalidated a similar $100,000 fee in June 2026. The judge ruled that the government did not have congressional authorization to impose such a charge, deeming it a tax rather than an administrative fee. The First Circuit Court of Appeals later upheld this decision, refusing to suspend the order that nullified the fee.

Despite these judicial setbacks, the draft regulation signals the Trump administration's determination to enforce this fee. The H-1B visa program, capped at 85,000 visas annually, is crucial for sectors like technology and engineering, where demand typically outstrips supply. The proposed fee could significantly impact foreign workers in these fields.