US Proposes Raising Skilled Worker Visa Fee to Rp 1.8 Billion
The government of US President Donald Trump has proposed raising the work visa application fee to more than USD 100,000, or Rp 1.82 billion. The visa fee would be charged to employers who hire foreign workers through the visa programme for highly skilled labour.
According to AFP on Wednesday (26/8/2026), the US Department of Homeland Security proposed a fee of USD 103,265 for H-1B visas. The fee would serve as a “revenue mechanism” to cover the costs of administering the legal immigration system.
The Trump administration has argued that the visa programme has been misused to replace, rather than complement, American workers. In September 2025, it issued a presidential proclamation setting a USD 100,000 fee to address what it called “systemic abuse.”
Previously, a federal judge in June struck down that order. The federal judge ruled in favour of a lawsuit brought by 20 Democratic-led states, which argued that the fee was an illegal tax that overstepped congressional authority.
Another federal judge in December 2025 upheld a similar action, stating that the president has “broad legal authority” to address “matters he deems to be economic and national security concerns.” That ruling is now under appeal.
In the latest proposal, the government has placed greater emphasis on a cost-based argument, citing the need to cover the operational expenses of relevant agencies, including US Citizenship and Immigration Services (USCIS), Customs and Border Protection (CBP), and Immigration and Customs Enforcement (ICE).
However, the government also acknowledged what it described as an “indirect” benefit: “US employers, if required to pay an additional fee of USD 103,265 when applying for H-1B visas subject to quota restrictions, would be less likely to choose H-1B workers over qualified, highly skilled American workers.”
It was also noted that the proposed new fee “would be imposed in addition to other applicable fees or payments,” including fees stemming from the presidential proclamation currently under legal review—although that provision will expire this September unless extended.
Furthermore, there will be a 30-day public comment period before any rule can be implemented. Legal challenges are almost certain to arise based on a number of arguments, including the previously expressed view that the new proposal is essentially a de facto tax and exceeds the authority established by statute.
Congress created the H-1B programme in 1990, and the US currently issues 85,000 H-1B visas each year.
According to official data, in fiscal year 2025, 70 percent of H-1B visa holders came from India, followed by China at 12 percent, as well as the Philippines, Canada, and South Korea.
Amazon was recorded as the largest employer, with more than 9,000 approved H-1B visas in fiscal year 2026.
Several prominent technology executives have previously held H-1B visas, including Elon Musk of SpaceX and Google CEO Sundar Pichai.
Critics say the new rule would cause significant labour shortages in various fields, including IT, engineering, education, and medicine.