JD Vance Advocates for Proposed Six-Figure H-1B Visa Fee, Emphasizing ‘Hire and Train Americans’
US Vice President JD Vance has endorsed a proposal from the Trump administration to impose a new fee of $103,265 on most new H-1B visa petitions. Vance emphasized that American companies should focus on hiring and training US workers. The proposal was announced by the Department of Homeland Security (DHS) in a filing on Monday and would apply to all H-1B cap-subject petitions, including those eligible for the advanced degree exemption.
The proposed fee would be payable at the time of petition filing and would be in addition to other existing H-1B fees. According to the DHS filing, the fee aims to help recover part of the government’s costs associated with administering the lawful immigration system. These costs would cover activities across the DHS as well as the Departments of Justice, State, and Labor. The public has 30 days to submit comments on the proposal, which is not yet final and could face legal challenges.
New H-1B Fee Proposal Details
The new fee follows a legal setback for the Trump administration regarding a previous $100,000 H-1B fee that was struck down by US District Judge Leo Sorokin in June. The judge ruled that the president lacked the authority to impose such a requirement, stating that only Congress has the power to change federal immigration policy. The earlier fee was introduced through a presidential proclamation in September 2025 and faced various legal challenges.
The new $103,265 proposal is based on different legal authority and aims to establish a separate fee regime for cap-subject H-1B petitions. This fee would apply specifically to H-1B petitions that are subject to the annual cap, which totals 85,000 new H-1B visas each year, including 20,000 reserved for applicants with advanced degrees. The proposed fee would significantly increase costs for employers sponsoring workers through the cap-subject H-1B program.
Impact on Indian Professionals
The proposed fee could have a notable impact on Indian professionals, who represent a significant portion of H-1B visa recipients. In fiscal 2025, 283,000 H-1B visas were allotted to Indians, accounting for 70% of the total visas, including extensions. For new visas for initial employment, Indians received nearly 58,000 visas, which is roughly half of the total new visas, including cap-exempt visas.
The new $103,265 fee is distinct from the earlier $100,000 payment that was vacated by a district court in June. The earlier measure applied specifically to hiring H-1B workers from outside the US, while the proposed fee is linked to whether an H-1B petition is cap-subject.
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