Source The Hindu
WASHINGTON — The Trump administration has officially moved to codify an unprecedented six-figure surcharge on new H-1B specialty worker visas, proposing a formal regulatory rule to make the fee permanent despite ongoing legal battles.
The draft regulation, published by the U.S. Department of Homeland Security (DHS) in the Federal Register, sets the new statutory cap-subject filing fee at $103,265 per petition. The move follows a temporary presidential proclamation issued last year that originally introduced the $100,000 charge before facing significant legal pushback.
A Major Cost Shift for High-Skilled Immigration
The H-1B visa program is the primary pathway for American companies to employ high-skilled foreign professionals, allocating 65,000 standard visas annually alongside 20,000 reserved for graduates holding advanced degrees from U.S. universities.
Before the administration’s emergency actions, petition filing costs typically ranged between $2,000 and $5,000, alongside basic lottery registration charges.
The Administration’s Stance: Proponents argue that the elevated fees deter companies from replacing American professionals with lower-wage foreign labor and generate federal revenue to manage immigration oversight.
Business & Academic Pushback: Technology companies, research institutions, and higher education leaders contend that the fee functions as a de facto hiring ban, crippling access to global software engineers, researchers, and specialized medical staff.
Demographic Impact: The measure heavily affects foreign tech workers and recent international graduates—notably Indian nationals, who historically account for roughly 70% of all approved H-1B petitions.
Legal Battles and Next Steps
The proposal comes amid intense courtroom resistance:
Judicial Injunctions: A federal judge in Boston previously struck down the proclamation-based $100,000 fee, ruling that the executive branch overstepped its statutory power by imposing what amounted to an unauthorized congressional tax. That ruling is currently under review by a federal appeals court.
Coalition Lawsuits: Major industry bodies—including the U.S. Chamber of Commerce and multiple state attorneys general—continue to argue that the executive branch cannot rewrite congressional immigration statutes or generate general federal revenues unilaterally.
Public Comment: The DHS notice initiates a 30-day public comment window. Administration officials aim to finalize the rule by year-end, which will likely trigger an immediate wave of amended lawsuits seeking to block its implementation nationwide.
