Trump Administration Proposes $143,000 Fee for H-1B Specialty Visas...International Students Also Targeted

Proceeding Despite Court Objection
Formal Regulation Instead of Presidential Proclamation
Applies to H-1B Transitions for Residents in the U.S.

The administration of U.S. President Donald Trump is officially moving forward with a system that would impose a fee of more than $100,000 on new applications for the H-1B professional work visa. This step reinstates a policy that was temporarily implemented last year through a presidential proclamation, but ruled unlawful by a federal court, as a formal administrative regulation.

Notably, the proposed regulation would apply not only to foreign nationals newly entering the United States from abroad, but also to new applicants already residing in the U.S. who are seeking to change their status to H-1B. As a result, the impact is expected to be more substantial than previous policies.

U.S. President Donald Trump. The White House

According to a draft regulation unveiled by the U.S. Department of Homeland Security (DHS) on the 24th (local time), the government plans to impose an additional fee of $103,265 (approximately 143 million won) on new H-1B petitions subject to the annual cap. This amount would be due in addition to the existing H-1B application fees.

The H-1B visa is primarily used by U.S. companies to hire foreign professionals in specialized fields such as science, technology, engineering, and mathematics (STEM). The annual quota is limited to 85,000, which includes 65,000 for the general cap and an additional 20,000 allocated for foreign nationals with a master's degree or higher from a U.S. university.

The new regulation would apply to all new cap-subject petitions for these 85,000 quota slots, including the separate allocation of 20,000 for foreign nationals with a U.S. master's degree or higher. However, H-1B applications by universities, nonprofit or governmental research institutions, and other entities not subject to the annual cap would be excluded from the additional fee.

This represents a broader application than President Trump’s proclamation last year. The previous $100,000 fee mainly targeted new H-1B workers entering from abroad and did not apply to those converting status to H-1B within the U.S., such as from student visas.

However, under the new DHS draft regulation, the fee would also apply to new H-1B petitions originating within the United States. Bloomberg reported that the proposal would impose the new $100,000 fee on H-1B workers being hired domestically. Likewise, The Wall Street Journal noted that unlike the previous policy, this would now affect a significant number of new applicants both abroad and within the U.S.

India 71%, Korea 1%... Both International Students and Corporations Likely to Be Affected

As a result, international students who hope to transition from an F-1 student visa or Optional Practical Training (OPT) to an H-1B after graduating from a U.S. university, as well as the companies looking to employ them, could face significant additional burdens. In particular, the impact on Korean nationals is also expected to be significant.

According to data from U.S. Citizenship and Immigration Services (USCIS), among approved H-1B petitions for fiscal year 2024, Indian nationals accounted for the overwhelming majority at 71% by country of birth, followed by Chinese nationals at 11.7%. Korean nationals, numbering 3,987, made up 1.0% of the total, placing fifth after the Philippines and Canada.

If this measure is finalized, it is likely to impose additional burdens on Korean international students preparing for employment after graduating from U.S. universities, as well as Korean companies looking to hire highly skilled workers in the U.S.

Bypassing the Proclamation With Formal Regulation... Projected Annual Revenue of $8.8 Billion

This move is essentially an attempt to make permanent the $100,000 H-1B fee introduced by President Trump last year through a proclamation. In September of last year, President Trump used his presidential authority under immigration law to restrict the entry of foreign nationals and required new H-1B applicants to pay the $100,000 fee. The proclamation is set to expire in September.

However, in June, the U.S. District Court in Massachusetts found this policy to be unlawful, ruling that the administration had imposed what was effectively a tax without congressional approval. The Trump administration appealed this decision to the U.S. Court of Appeals for the First Circuit, and the appeal is currently ongoing.

This time, DHS cited a different legal basis—not the president’s entry restriction authority, but a separate provision in immigration law that allows administrative services costs related to immigration and naturalization to be covered by fees. By invoking a distinct statutory authority, the administration aims to circumvent the court's previous finding of unlawfulness.

The government estimates that this regulation could generate approximately $8.8 billion in annual revenue. In its draft, DHS explained that the high additional fee would make U.S. companies less likely to hire H-1B workers over qualified, highly skilled American workers.

This content was produced with the assistance of AI translation services.