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.
