US Extends $100,000 Fee on H-1B Visa Applications Until 2027

Key Financial Takeaways

  • The $100,000 fee on certain H-1B visa applications has been extended until September 21, 2027.
  • The fee applies to new H-1B workers coming to the US from abroad, not to foreign students or visa renewal applicants.
  • The extension is part of broader efforts to reform the H-1B program and prioritize higher-skilled and higher-paid positions.
  • Over 700 H-1B petitions have included the $100,000 payment since its introduction.
  • The implementation of the fee remains subject to ongoing litigation.

💡 Why It Matters

The extension of the $100,000 fee on certain H-1B visa applications impacts employers seeking to hire skilled foreign workers and reflects the administration's efforts to prioritize higher-skilled and higher-paid positions in the H-1B program. This change, along with proposed additional measures and legal challenges, contributes to the evolving landscape of US immigration policies.

US Extends $100,000 Fee on H-1B Visa Applications

The US administration has announced the extension of a $100,000 fee on certain H-1B visa applications by another year, keeping the higher cost for employers seeking to bring skilled foreign workers to the country through September 21, 2027. This decision was made as the administration continues to pursue changes to the H-1B program.

Background and Impact

The fee was initially introduced by President Donald Trump in September 2025 and was set to expire this month. It specifically applies to certain new H-1B workers coming to the US from abroad, while foreign students already in the country and holders seeking visa renewals are generally outside its scope.

The administration aims to shift H-1B hiring towards higher-skilled and higher-paid positions with this fee. According to the White House, registrations from the largest IT staffing and outsourcing companies have fallen by 92% since the fee and a new weighted selection system were introduced.

Legal Challenges

The extension comes amid ongoing legal challenges. A federal judge in Massachusetts ruled in June that the government's guidance for implementing the fee was unlawful, and the Trump administration has appealed the decision. The US Chamber of Commerce has also challenged the fee in separate litigation.

Additional Measures

The administration is considering a separate measure that could cover a broader group of H-1B applicants. The Department of Homeland Security has proposed a fee of roughly $103,000 on H-1B petitions subject to the annual visa cap, which could apply to almost anyone receiving a new cap-subject H-1B visa.

Executive Order

President Trump also issued a separate executive order directing agencies to consider whether companies seeking H-1B workers have recently laid off or are planning to lay off US employees. The review will apply to petitions that have already been filed.

Significance

The H-1B program allows US employers to hire foreign professionals for specialized jobs and is widely used by technology companies. Indian and Chinese professionals account for a significant share of H-1B applicants. These changes reflect the administration's efforts to reshape how H-1B applications are selected and assessed.

🏛️ Background & Context

The H-1B program is a critical pathway for US employers to hire foreign professionals for specialized jobs, particularly in the technology sector. The program is widely used by major tech companies, with Indian and Chinese professionals making up a significant portion of applicants.

👁️ What To Watch Next

Future developments in the H-1B program, including the outcome of ongoing litigation regarding the $100,000 fee and the implementation of proposed changes such as the additional fee of roughly $103,000 on H-1B petitions subject to the annual visa cap.

Source Attribution:
  • Reuters