The Trump administration has filed a proposal to set the H-1B visa fee above $100,000, according to reporting from Al Jazeera. The move seeks to formalise a charge well above the programme's existing levels for US employers that petition to hire specialty-occupation workers from abroad.

What does the proposal change?

The filing aims to lock in an H-1B fee exceeding $100,000 per employer filing. The headline does not specify whether the charge applies per petition, per worker, per fiscal year, or as an annual surcharge on sponsoring employers. Officials have not yet published a Federal Register notice carrying the operative dates, exemption categories, or transition rules. The use of the word "formalise" suggests the new fee will codify an interim charge announced earlier this year through executive action rather than through statute or formal regulation. Until the administration files the underlying rule, employers cannot know whether existing cap exemptions, degree-level requirements, or specialty-occupation definitions will also change.

What is the H-1B programme?

Congress created the H-1B category for foreign professionals in specialty occupations that require at least a bachelor's degree or equivalent. The Department of Homeland Security runs the programme through US Citizenship and Immigration Services. By statute, USCIS awards visas each fiscal year through a random selection process when demand exceeds supply.

Employers currently pay a base filing fee plus smaller charges that fund fraud prevention, workforce training, and premium processing. Cap-subject employers with 50 or more US workers, where more than half hold H-1B or L-1 status, also pay an additional fee under existing law.

Who is affected?

The change targets US employers that sponsor H-1B workers. Technology, consulting, engineering, healthcare, and finance firms account for the largest share of approved petitions. Workers from India have historically accounted for the largest share of approved H-1B beneficiaries, according to publicly released USCIS data.

Workers already in the United States in H-1B status, together with their spouses and children on H-4 dependent visas, would need to watch for guidance on extensions, changes of employer, and international re-entry. Universities, research institutions, and certain nonprofit organisations generally operate under separate fee schedules and may face different treatment under the new rule.

How does US rulemaking work?

Federal rulemaking follows a defined sequence:

• A Notice of Proposed Rulemaking appears in the Federal Register with the draft rule and a regulatory impact analysis.
• A public comment period opens, usually 30 to 90 days.
• The agency reviews comments, revises the draft, and issues a final rule.
• The final rule specifies an effective date, generally at least 30 days after publication.
• Litigation can pause implementation through a preliminary injunction or stay.

What readers should watch

• A Federal Register notice with the proposed regulatory text
• A public comment period with a stated deadline
• A final rule and the effective date
• USCIS guidance on payment mechanics, exemptions, and refunds
• Any court challenge or preliminary injunction

Why details remain limited

The source material available at publication consists of a headline and brief notice. Specific dollar amounts above the $100,000 threshold, exact effective dates, exemption categories, and transition rules for pending petitions remain unconfirmed. Readers should treat every figure and date as provisional until the administration files the underlying rule and supporting documents.

Readers who need case-specific advice should consult a licensed immigration attorney and review the official USCIS and Federal Register postings once published.