Truth behind claim that Trump’s H-1B fee plan could push cost above $200,000: Here’s the calculation

H-1B fee could cross $200k if Trump’s earlier $100K fee is allowed and the new fee also becomes a rule and if both fees are applicable to the situation of a candidate.

The cost of hiring a foreign skilled worker through the H-1B visa programme could cross $200,000 under a new Trump administration proposal, USA Today reported, combining the earlier proposal of $100K fee and the new proposal of $103,265 fee. The earlier fee got blocked by a court while the new fee is a proposal by the Department of Homeland Security.If there was already a $100,000 H-1B fee, is the new $103,265 charge replacing it, or could employers have to pay both?The answer is both.

Why are there two H-1B fees?

The two charges come from different mechanisms.The earlier $100,000 payment was imposed through a presidential proclamation signed by President Donald Trump in September 2025. It applied to certain H-1B workers entering the US from abroad. But a federal judge struck down that payment requirement in June 2026, ruling it unlawful. The Trump administration has appealed the decision. The $100,000 payment is therefore not currently being collected.The new $103,265 charge is different. DHS is attempting to establish it through formal rulemaking. The proposal was published in the Federal Register on August 24 and would apply to cap-subject H-1B petitions, including petitions qualifying for the advanced-degree exemption. It would not apply to cap-exempt H-1B petitions.

So could an employer actually pay $203,265?

Yes, theoretically. If Trump’s initial fee is upheld and the new fee also become a rule and not get legally blocked.The department considered simply increasing an existing H-1B fee but instead proposed creating the $103,265 charge as a separate fee. The Federal Register notice specifically said it would be in addition to other applicable fees or payments, including a separate payment required under a presidential proclamation.DHS said that if a petitioner is subject to both the proclamation payment and the new H-1B fee, the petitioner would have to pay both amounts.That means a case theoretically subject to both could face:$100,000 — the earlier presidential-proclamation payment$103,265 — the newly proposed DHS fee$203,265 combinedPlus the ordinary H-1B filing and other applicable feesNeither of the two six-figure charges is currently functioning as a $203,265 combined fee.

Why is DHS proposing the $103,265 fee?

DHS says the new fee is intended to recover costs associated with administering the lawful immigration system across federal agencies. The department estimates that the fee could generate billions of dollars annually. It expects the charge to apply to approximately 85,000 cap-subject H-1B petitions each year under its projections.The proposal would also be imposed separately from existing H-1B fees.The USA Today report said only 85 applicants paid the $100K fee during the first five months before they were blocked in court. But because the number of applicants dropped 87%, the agency collected $28 million less during that period.