Trump administration proposes $103,000 fee for skilled worker visas

The Trump administration has reintroduced a proposal that would require employers to pay a fee exceeding $100,000 for H-1B visas, a program designed for skilled foreign workers. This move, detailed in a new filing from the Department of Homeland Security (DHS), represents a significant escalation in the administration's immigration policies.

The H-1B visa program annually grants 65,000 general visas, with an additional 20,000 for those with advanced degrees. It is heavily utilized by major technology companies, with nearly 75% of approvals going to workers from India. The administration argues that the program is often exploited, with companies replacing American workers with less expensive foreign labor.

This is not the first attempt by the administration to impose such a fee. A similar proposal of $100,000 was made last year via presidential proclamation, aiming to prioritize American workers. However, a federal judge blocked that initiative, ruling it an unlawful "tax" that required congressional approval. The administration has contested this, asserting the fee is not a traditional tax and falls within the president's authority to restrict entry.

A federal appeals court is currently reviewing the previous decision. The new proposal, submitted to the Federal Register, will undergo a 30-day public comment period. If finalized, the $103,265 fee would need to be paid before an H-1B visa application is approved, though it would not apply to foreign students already in the U.S. on student visas.

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