Trump's revised $100k H-1B visa fee plan could put 'American dream' out of reach
WASHINGTON, DC: The Trump administration has revived its $100K H-1B visa proposal after a series of legal challenges, submitting the new proposal in the Federal Register to be officially published on Tuesday, August 25.
President Donald Trump first proposed payments of $100,000 for work visas in September 2025 to prioritize American workers.
Trump admin revives payable work visa plan
The Trump administration has revived the $100,000 fee for H-1B visa applications plan, as the policy had been blocked by a federal judge when it was introduced last year.
The Department of Homeland Security revived the proposal on Monday, August 24, and submitted it online in the Federal Register to be officially published on Tuesday, when a 30-day public-comment period will commence.
Also, the administration is now proposing $103,265 for all new H-1B visa petitions.
JUST NOW - Trump admin has posted the proposed rule for their long rumored massive tax — $103,000 - on every single new H1-B visa.
— Todd Schulte (@TheToddSchulte) August 24, 2026
Along with attacks on int. students & rumored attack on OPT, this is designed to simply gut US ability to attract / retain world talent. VERY bad. pic.twitter.com/vnbZdOh8QO
According to the proposal, DHS believe that the fee would also help generate revenue to fund immigration activities carried out by federal agencies, including Customs and Border Protection and ICE.
DHS said there may be “a reduction in the number of H-1B cap registrations and some employers, including small entities, may file fewer petitions as a result of this proposed rule.” But it concluded that the fee was “appropriate.”
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— VIKTOR IVANOV (@ViktorAttorney) August 24, 2026
This is a novel "interagency cost-shifting" fee, meaning it is the first time DHS will fund other agencies' unrelated budgets off one visa category.
- Historically, USCIS fees applied against only USCIS's own costs. This rule breaks that pattern: of the projected…
H-1B approvals are capped at 85,000 per year, with 20,000 spots for people with advanced degrees.
The majority of H-1B workers come from India, with the second-most common birthplace being China.
Judge blocked six-figure visa fee plan
Trump launched a $100K visa as a presidential proclamation in September 2025 in an effort to prioritize American workers and overhaul the H-1B program that allows companies and organizations to hire foreign workers for specialized, high-skill roles.
Since labor unions, research universities and dozens of states have filed lawsuits against the Trump admin over the new fee, saying that it would significantly curb US employers’ ability to hire global talent, decimate hospitals with already skeleton staff, and upend the tech industry, which relies on foreign-born AI researchers and coders.
Ultimately, a federal judge in June blocked the initiative, concluding that it was an unlawful “tax” that required congressional approval.
The White House has said the fee would help curb misuse of the program. The administration has accused the US based employers of neglecting American workers for cheap foreign labours.