President Donald Trump has prolonged an executive order imposing a $100,000 fee on new H-1B non-immigrant visas for another year, maintaining a controversial policy that has sparked legal battles and apprehension among US businesses. The H-1B visa program enables American employers to hire highly skilled foreign professionals, particularly in technology and other specialized sectors, allowing these workers to live and work in the United States temporarily.
Immigration reform has been a central focus of the Trump administration, which has sought to tighten restrictions on the H-1B program. Officials argue that the increased fee is essential to prevent abuse of the visa system. Notably, the president has advocated for making this significantly higher fee a permanent fixture. Previously, the cost to obtain an H-1B visa ranged from approximately $2,000 to $5,000, depending on various fees and circumstances.
However, the $100,000 fee has encountered legal opposition, casting doubt on its future. In June, a federal judge ruled against the administration’s fee hike and barred the government from collecting it. The administration has appealed this ruling, and a federal appeals court in Boston is currently reviewing the case. Meanwhile, another court is examining a separate challenge filed by the US Chamber of Commerce, the nation’s largest business lobbying group, contesting the administration’s decision to impose the increased fee.
These ongoing legal disputes have created uncertainty for companies that depend on the H-1B program to hire specialized foreign talent, especially in industries reliant on international expertise. By extending the order, the administration signals its intent to continue enforcing the higher fee while the courts determine whether the government has the authority to do so.
Originally introduced in September 2025, the fee hike was scheduled to expire this month. It excludes visas granted to foreign nationals already in the US on student visas—who represent a substantial portion of new H-1B recipients—as well as renewals of existing visas.
Despite criticism that some firms use H-1B visas to employ lower-paid foreign workers instead of Americans, many business groups and companies emphasize that the program is vital for recruiting highly skilled professionals and addressing shortages of qualified US workers in certain fields. Established by Congress in 1990, the H-1B visa is particularly crucial for technology companies recruiting talent from countries like India and China.
Changes in visa scrutiny and processing have affected corporate hiring and expansion strategies. For instance, major H-1B users such as Alphabet, Google’s parent company, have increased their operations in India in response to these shifts.
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