The Trump administration proposed a new Department of Homeland Security regulation imposing a $103,265 fee on certain H-1B visa petitions. These fees apply only to new petitions for workers currently outside the United States, with renewals exempt. In June 2026, a federal judge in Massachusetts vacated the original $100,000 fee, ruling it constituted an unauthorized tax imposed by the executive branch without congressional approval. The H-1B program caps annual visas at 85,000, with previous fees in the thousands of dollars representing a 20 to 50 times increase. The 30-day public comment period will see responses from employers, immigration attorneys, and the US Chamber of Commerce, which unanimously opposes the measure as a de facto ban for all but the largest and wealthiest employers.
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