The Trump administration has proposed a new rule that would impose a $103,265 fee on employers for each H-1B visa application, a move aimed at recouping costs of administering the immigration system. The administration argues the visa program has been exploited to replace American workers, and previously issued a presidential proclamation in September 2025 imposing a $100,000 fee. However, a federal judge blocked that order in June, siding with 20 Democratic-led states that contended the fee was an unlawful tax bypassing Congressional authority. Another federal judge in December 2025 upheld the action, finding the president had broad statutory authority.
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