H-1B’s $100,000+ Fee Could Become Permanent: What It Means for Hong Kong Applicants

On 24 August 2026, Reuters reported that the Trump administration submitted a proposed rule to the Federal Register aimed at making a fee of more than $100,000 on new H-1B work visas—a fee previously ruled unlawful by a federal court but currently still being collected under appeal—permanent and codified into law.

Key Facts

• The proposed rule would set the H-1B fee at $103,265.
• The fee was first imposed temporarily by Trump via executive order last year (2025), raising costs in the tech, education and research sectors.
• In June, a federal judge ruled the fee unlawful and blocked collection; appeals and related litigation remain ongoing.
• The temporary fee expires this September; if the proposed rule is finalized by year-end, the $103,265 fee would become permanent.
• The administration is appealing the earlier ruling while pushing to codify the fee.

H-1B Visa Basics

The H-1B program allows U.S. employers to hire foreign workers with specialty-field training. It provides 65,000 visas annually plus 20,000 for advanced-degree applicants, typically for 3 to 6 years. Before the order, application fees generally ranged from $2,000 to $5,000.

Note: The fee would not apply to foreign nationals already in the U.S. on a student visa who subsequently convert to H-1B status, nor to renewals of existing visas.

The Debate

Critics argue that some companies use H-1B to replace American workers with cheaper foreign labour. Business groups and employers counter that the programme fills gaps where qualified U.S. talent is unavailable.

According to court filings, about 70 employers had paid the $100,000 fee on 85 visa applications as of late February. The fee faces challenges from the U.S. Chamber of Commerce, Democratic-led states, and unions and employers. Plaintiffs question the authority to impose fees on a visa programme created by Congress; the administration says the fee is not a traditional tax.

The Broader Immigration Tightening Context

Employers registered approximately 344,000 H-1B visas last year, down more than 25% from 2024 and less than half of the 794,000 sought in 2023, according to USCIS data. The administration has also ordered enhanced vetting, proposed a selection process favouring higher-skilled and better-paid workers, and added fees of up to $4,500 on certain extension or transfer applications.

What This Means for Hong Kong Applicants and Employers

H-1B is a lottery-based, limited-slot visa. If the fee remains around $100,000 long term, sponsoring costs and uncertainty may rise for employers and applicants.

H-1B is fundamentally a temporary, non-immigrant work visa, not permanent residence. Applicants still need an employer-sponsored route such as EB-2 or EB-3, or an investment route such as EB-5, to obtain a green card. Planning directly through employer-sponsored EB-3 or EB-5 investment immigration may be a more predictable option, subject to individual circumstances and official requirements.

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