U.S. President Donald Trump’s administration has proposed a $103,265 fee for new H-1B visas for highly skilled foreign workers, including those with advanced degrees.

The Department of Homeland Security (DHS) posted the proposed regulation on the Federal Register on Monday, ahead of its formal publication on Tuesday, which will begin a 30-day public comment period.

Mr Trump first imposed a $100,000 fee on H-1B visas in September 2025, raising the fee from $5,000 to $100,000.

Prior to the temporary proclamation, the H-1B visa fee typically ranged from about $2,000 to $5,000, depending on various factors.

However, a federal court in June invalidated the fee, declaring it unconstitutional.

“The policy implementing the proclamation is declared unlawful and is vacated in its entirety,” District Judge Leo Sorokin in Boston said in the 42-page ruling. The decision is under review at an appeals court in Boston.  

Mr Trump’s proclamation expires in September, but he has directed the DHS to make the fee permanent. The DHS could finalise the rule by year-end, Reuters reported.

The H-1B visa programme, launched in 1990 by Congress, allows U.S. companies in sectors ranging from healthcare to engineering, manufacturing, finance, and business services to employ specialised foreign workers.

The programme provides 65,000 visas annually, with an additional 20,000 for workers with advanced degrees.

Mr Trump raised the fee amid his immigration crackdown. He argued that companies had exploited the scheme to bring in foreign workers who would accept lower wages, to the detriment of qualified Americans.

Since returning to the White House last year, Mr Trump has moved to limit immigration into the U.S., citing a high rate of visa overstays and identity fraud, among other issues.

The fee faced heavy pushback from state attorneys general and technology companies, prompting the administration to limit the fee to new foreign recruits seeking to enter the U.S.

Democratic-led states have argued that the additional fee would worsen skilled-worker shortages, particularly in healthcare facilities and other institutions that rely on foreign professionals. They challenged the fee in court.

As of February, at least 70 employers had paid the $100,000 fee on 85 visa applications, Reuters reported, citing court filings.

According to U.S. Citizenship and Immigration Services data, employers registered for about 344,000 H-1B visas in 2025,representinga 25 per cent decrease from 2024. More than 794,000 visas were sought in 2023.