FLASH NEWS$103,265 H-1B Visa Fee Proposed for US Employers

Employers Face Proposed $103,265 Fee for Every H-1B Skilled Worker Visa

The Department of Homeland Security has proposed a new $103,265 fee for US companies sponsoring foreign workers under the H-1B visa program. If approved, the charge will sit on top of all existing filing payments, and could even stack on top of an earlier $100,000 fee from a September 2025 presidential proclamation currently working its way through federal courts. The Department of Homeland Security stated the rule serves as a revenue mechanism to recoup operational costs across US Citizenship and Immigration Services, Customs and Border Protection, and Immigration and Customs Enforcement.

Which Businesses and Hiring Programs Face the Charge

The proposed fee directly targets US employers submitting cap-subject petitions for foreign personnel under the H-1B program, which currently awards 85,000 visas annually. Department officials acknowledged the price tag carries an explicit intention to alter corporate hiring decisions, noting companies will be far less inclined to sponsor non-citizens when forced to pay an additional six-figure sum per applicant.

Critics warn the financial burden will trigger critical labor shortages across specialized industries, particularly in engineering, healthcare, and hard sciences. The program, created by Congress in 1990, has historically supplied talent to top American tech firms, sponsoring prominent executives including SpaceX’s Elon Musk and Google CEO Sundar Pichai.

How the Proposal Stacks Against Current Court Battles

Because this regulation is currently a proposed rule, corporate legal departments do not face an immediate payment obligation or new submission portal today. However, executive leadership must track the ongoing federal court litigation surrounding the administration’s broader fee strategy to calculate prospective immigration budgets.

The legal fight began in September 2025, when a presidential proclamation attempted to impose an initial $100,000 fee to combat what the White House called systemic abuse. That measure produced split rulings across federal court districts:

• In December 2025, a federal judge upheld the proclamation, ruling the president held broad statutory authority to address economic and national security issues, a decision currently under appeal.
• In June, a separate federal judge blocked the order, siding with 20 Democratic-led states that argued the charge constituted an unlawful tax that bypassed Congressional authority.

By framing this newest $103,265 charge as an agency cost-recovery mechanism rather than an executive order, the Department of Homeland Security aims to establish a distinct legal justification. If the earlier $100,000 order survives appeal, DHS confirmed the new $103,265 charge will be additive, pushing the mandatory fee per worker past $200,000.

Summary of Proposed and Disputed H-1B Surcharges

💡 Quick FAQ & IntelligenceTap to Expand

Q: Why is the US government proposing a $103,265 fee on H-1B visas?

The Department of Homeland Security stated the fee will recoup operational costs across USCIS, CBP, and ICE, while making US employers less likely to hire foreign workers over qualified Americans.

Q: Will the new $103,265 fee replace the earlier $100,000 surcharge?

No. The Department of Homeland Security confirmed the proposed $103,265 payment would be in addition to any existing fees, stacking on top of the $100,000 proclamation fee if courts permit it.

Q: What is the current legal status of the previous $100,000 H-1B fee?

The earlier $100,000 fee remains tied up in federal court. A judge blocked the measure in June following a lawsuit from 20 states, though an earlier December 2025 ruling upholding the fee is under appeal.