Yes, I know it's confusing as there are so many of these announcements.
I get a sense that Trump is not backing down, he is going to find his own loophole in the law to kick H1Bs out.
I quickly read through and it seems that:
- All NEW H1Bs, once approved - FEE APPLIES
- Cap Exempts like Universities - DOES NOT APPLY
H-1B Visa Update: Trump Administration Proposes $103,265 Fee
https://www.newsweek.com/h-1b-visa-update-trump-administration-proposes-103265-fee-12359024
Published
Aug 24, 2026 at 09:27 AM EDT
by Billal Rahman and Dan Gooding
Quote:
The Trump administration is proposing a new $103,265 fee on employers seeking H-1B workers through the annual visa lottery, dramatically increasing the cost of a program widely used by technology companies and other employers to recruit skilled foreign workers.
The proposal is likely to intensify a long-running divide among Republicans over high-skilled immigration. Many MAGA-aligned critics of the H-1B program argue it allows companies to hire foreign workers at the expense of U.S. workers, suppressing wages and reducing job opportunities for American graduates.
Supporters of the program, including many technology companies and business groups, counter that H-1B visas help employers fill specialized positions in fields such as engineering and software development when they say qualified U.S. workers are in short supply.
Quote:
New H-1B Fee: What To Know
DHS said in a proposed rule published Monday in the Federal Register that the new fee would apply to H-1B petitions subject to the annual 85,000-visa cap, including the 20,000 visas reserved for foreign workers holding qualifying U.S. master's degrees or higher. The proposed $103,265 charge would be paid in addition to existing H-1B filing fees.
The proposal would not apply to cap-exempt H-1B petitions, including many positions at universities and nonprofit or government research institutions.
The proposed fee is distinct from a 2025 Trump executive order that imposed a $100,000 charge on certain overseas H-1B hires but was later struck down in federal court. DHS said the new $103,265 fee relies on different legal authority and that the executive order is due to expire in September unless extended.
"DHS specifically says that if both requirements are legally in effect, an employer subject to both could have to pay both," Klein said. "At that point, an employer could be looking at more than $200,000 in these two charges alone before the ordinary costs of sponsoring an H-1B worker."
The $100,000 H-1B fee was blocked in court. Now DHS is back with an even higher number: $103,265.
— Marco Hale (@Sunshine_sep13) August 24, 2026
DHS has now proposed a $103,265 fee for certain H-1B petitions through the formal rulemaking process. This comes after a federal judge blocked the administration’s earlier $100,000… pic.twitter.com/8U9ze1Q2fH
