H-1B Fee Extended
Trump Extends $100,000 H-1B Visa Fee Through 2027 Amid Ongoing Legal Challenges
Anonymous
Key Points
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The White House said registrations from the largest IT staffing and outsourcing companies have fallen 92% since the $100,000 fee and a new weighted H-1B selection system were introduced.
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More than 700 H-1B petitions have included the $100,000 payment, according to Trump’s latest proclamation.
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The administration alleged that H-1B visa holders earn $9,000 to $20,000 less than comparable U.S.-born workers in H-1B-reliant industries, and claimed technology employers sought hundreds of thousands of H-1B workers while laying off 800,000 to 1.3 million American employees between 2022 and 2026.
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Vice President JD Vance said the administration was acting through executive measures because “Congress is not going to pass a law changing this,” adding that officials wanted to ensure an H-1B applicant for a technology company was “an actual genius” who would significantly benefit the U.S. economy.
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Vance highlighted what he described as a contradiction in employers’ hiring practices: companies may claim they are desperate for workers while having recently laid off thousands of employees, saying, “If you're laying off American workers, you shouldn't be going to the market searching for foreign workers to replace them.”
President Trump extended a $100,000 fee on certain H-1B visa applications through September 21, 2027, while pushing to make it permanent. Deccan Chronicle reports the policy targets employers bringing foreign workers into specialty jobs, though foreign students already in the U.S. and visa renewals are exempt. The administration is also investigating companies that laid off American workers while seeking foreign hires.
The fee has already slashed H-1B registrations from major IT staffing firms by 92 percent since its introduction, according to the White House. New Indian Express notes the extension signals Trump's commitment to restricting foreign hiring and prioritizing domestic workers, even as courts grapple with whether the fee is legal.
Dramatic Drop in Foreign Worker Registrations
The $100,000 fee has produced a stunning collapse in applications. The Hindu Business Line reports that H-1B registrations by the largest IT outsourcing companies plummeted 92 percent after the fee and a new weighted selection system launched. The White House said more than 700 petitions have included the $100,000 payment so far.
The administration argues this proves the fee works. It claims tech employers laid off 800,000 to 1.3 million American workers between 2022 and 2026 while seeking hundreds of thousands of H-1B visas. Indica News reports the administration also alleges H-1B visa holders earn $9,000 to $20,000 less than comparable U.S. workers in the same fields.
Vice President Vance Defends the Tougher Approach
Vice President JD Vance pushed back on corporate complaints, saying the administration acts because Congress won't. He stated the goal is ensuring H-1B applicants for tech jobs are "an actual genius" who genuinely strengthens the economy. India Today quotes Vance saying: "If you're laying off American workers, you shouldn't be going to the market searching for foreign workers to replace them."
Vance's comments highlight a core contradiction the administration sees in hiring practices. Companies claim desperate shortages of skilled workers, yet simultaneously shed thousands of American employees. The administration wants to close what it views as a loophole that lets firms swap domestic talent for cheaper foreign labor.
Legal Battle Continues Over Fee Authority
The fee remains entangled in court. A federal judge ruled it unlawful, and a June 2026 court decision halted collection while the administration appeals. Deccan Chronicle notes the U.S. Chamber of Commerce sued separately, arguing Trump lacks statutory authority under immigration law to impose revenue-raising fees without Congress.
The Justice Department counters that the president has "extraordinarily broad discretion to suspend entry of aliens" when he deems it harmful to U.S. interests. The outcome will determine whether the fee persists beyond September 2027 or faces permanent legal barriers. Meanwhile, the administration is building a formal rulemaking process to potentially establish an additional $103,000 cap-subject petition fee.
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