The Department of Homeland Security (DHS) published a proposed rule change to certain H-1B visa petitions that will reshape the country’s immigration program.

The U.S. H-1B visa program has been in the news recently due to several high-profile fraud cases being investigated by the Trump administration. Americans have noticed what seems to be an explosion of these visa holders living in the U.S. It went largely ignored for years, since most H-1B visa approvals occurred in the tech industry, based in California. However, it’s become increasingly common for universities, nonprofit organizations, and companies across sectors to hire low-cost foreign labor through this program.

The Trump administration has attempted to fix the problem, but failed initially. President Donald Trump signed a proclamation ordering a $100,000 fee be applied to all new H-1B applications in September 2025. This move was blocked by the courts, which argued that Trump was attempting to set a tax for this program. Congress is the only branch of government that can do that. Now the administration is taking another bite of the apple with a move that will make it much harder for the courts to deny.

The DHS’s proposed rule would require employers to pay an additional $103,265 at the time of filing their H-1B petition, subject to the annual numerical cap. This charge would sit on top of existing fees and is framed by the agency as a cost-recovery mechanism to help fund........

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