U.S. President Donald Trump has signed an executive order extending a $100,000 fee requirement for certain new H-1B visa applications through September 21, 2027.
The policy, first introduced in September 2025, is aimed at reducing employers’ reliance on lower-paid foreign workers. It generally does not apply to foreign students already in the United States on student visas or to standard H-1B visa renewals.
The fee remains tied up in a legal battle. A federal judge in Massachusetts struck down the requirement in June 2026, ruling that it amounted to an unlawful tax. The U.S. government is appealing the decision, leaving the policy’s enforcement uncertain.
The Trump administration has also proposed formal regulations that would make the fee permanent and raise it to $103,265 for new cap-subject H-1B visas.
Separately, a new executive order calls for increased scrutiny of employers that hire foreign workers, particularly companies accused of laying off U.S. employees while using the H-1B program. Business groups, including the U.S. Chamber of Commerce, have criticized the measures, arguing that they could make it harder for American companies to recruit skilled workers.
The changes are also prompting some technology companies to expand operations overseas, including in India, as businesses adjust to the evolving U.S. immigration rules.
