The Trump administration has released a proposed regulation to raise H-1B visa fees to more than $100,000, in an effort to crack down on foreign worker recruitment.
According to the Federal Register, the Department of Homeland Security (DHS) proposed a $103,265 fee, scheduled to be formally published on Aug. 25, 2026.
President Trump's H1-B Proclamation
The regulation is pursuant to President Donald Trump’s Sept. 2025 “RESTRICTION ON ENTRY OF CERTAIN NONIMMIGRANT WORKERS” Executive Order, which called for a $100,000 fee for H-1 B petitions.
According to the proclamation, the order was made to push back against the program’s “[deliberate exploitation] to replace, rather than supplement, American workers with lower-paid, lower-skilled labor.”
According to court filings, roughly 70 employers paid the $100,000 fee on a total of 85 visa petitions as of late February 2026.
Order Struck Down
The order was later struck down in June 2026 after a judge deemed the exorbitant fee was illegal, ruling that the White House overstepped its legal authority.
A Boston-based appeals court is currently reviewing U.S. District Judge Leo Sorokin’s decision, however.
The proposed regulation launches a 30-day public comment period, granting feedback from groups and individuals before it becomes final.
H1-B Program's Cost & Function
As of 2026, before President Trump’s proclamation and DHS’s proposed rule, foreign worker recruitment under the H1-B program cost employers between $2,225 and $7,595, depending on factors such as company size and mandatory fees.
The H1-B program grants 65,000 visas annually to U.S. employers to hire foreign employees in specialty fields such as tech, education, and research.
Rick Scott's Effort To Promote U.S. Workers
Sen. Rick Scott (R-Fla.) recently introduced legislation cracking down on U.S. employers’ foreign labor practices.
In late July 2026, Sen. Scott introduced the American Hiring Transparency Act, which aims “to incentivize hiring skilled American workers over cheap, foreign labor” by requiring a $10,000 fee on employers that outsource labor through the Application for Permanent Employment (PERM) Certification process.
