Trump extends H-1B visa fee order as $100,000 charge faces court fight

US President Donald Trump has extended an executive order that would impose a $100,000 fee on H-1B non-immigrant visas for another year, the White House said on Friday, Reuters reported.

The policy, first introduced in September 2025, is aimed at reducing US employers’ reliance on lower-paid foreign workers. However, its enforcement remains uncertain as the fee is tied up in a legal battle.

H-1B fee remains tied up in legal battle

A federal judge in Massachusetts struck down the $100,000 requirement in June 2026, ruling that it amounted to an unlawful tax.

The US government is appealing the decision. A Boston-based appeals court is reviewing the case, while another court is considering a challenge brought by the US Chamber of Commerce, the largest US business lobbying group.

The legal proceedings leave the status of the fee uncertain.

What is the H-1B visa programme?

The H-1B programme allows US employers to hire skilled foreign workers, including technology and other professionals, for jobs in the United States for several years.

The programme was established by Congress in 1990 and has become particularly important for technology companies recruiting skilled workers from countries including India and China.

Employers currently pay fees ranging from about $2,000 to $5,000 for H-1B visas, depending on the circumstances. Trump has criticised the programme and has pushed for a much higher fee.

Who is exempt from the $100,000 fee?

Trump’s original September 2025 order did not generally apply to foreign citizens already in the United States on student visas, who make up a significant share of new H-1B recipients.

It also did not apply to standard renewals of existing H-1B visas.

The original order was due to expire this month before being extended for another year.

Businesses warn of impact on skilled hiring

The Trump administration has argued that some companies use the H-1B programme to hire lower-paid foreign workers instead of American employees.

Business groups and companies, however, argue that the programme helps them recruit highly skilled professionals and address shortages of qualified workers in some industries.

Changes to how H-1B applicants are scrutinised and processed have already affected hiring and expansion plans at some companies.

Some major H-1B users, including Google parent Alphabet, have moved to increase operations in India as businesses adjust to the changing US immigration rules.

Trump administration seeks permanent fee increase

The administration has separately proposed regulations that would make the higher fee permanent and raise it to $103,265 for new cap-subject H-1B visas.

A separate executive order also calls for greater scrutiny of employers that hire foreign workers, particularly companies accused of laying off US employees while using the H-1B programme.

Business groups, including the US Chamber of Commerce, have criticised the measures, arguing that they could make it harder for US companies to recruit skilled workers.

The changes have also prompted some technology companies to consider expanding operations overseas, including in India, as businesses assess the impact of the evolving US immigration rules.