Full Breakdown
Trump Extends $100,000 H-1B Visa Fee and Accelerates Enforcement Actions
By Drooid · · How we work
Core Development: Extension of the $100,000 H-1B Fee
On September 18, the White House announced that President Donald Trump has extended his executive order requiring employers to pay a $100,000 fee for certain new H-1B visa petitions for another year. The measure now runs through September 21 2027 and retains limited exemptions for workers, companies, or industries deemed to be in the national interest. The fee does not apply to renewals or to many foreign students already in the United States who later transition to H-1B status.
Background & Context
The H-1B program, created by Congress in 1990, allows U.S. employers to hire foreign professionals in “specialty occupations.” Prior to the Trump administration’s policy, the standard filing fee ranged from roughly $2,000 to $5,000. In September 2025, the administration introduced the $100,000 surcharge, arguing that the program enabled some employers to hire lower-paid foreign workers instead of Americans.
Enforcement Escalation
The Department of Labor’s Office of Inspector General (OIG) announced a major investigation on July 8 2026, intensifying efforts to combat fraud and human trafficking in the H-1B and PERM systems. Coordinated with the White House Fraud Task Force led by Vice President J.D. Vance, the OIG suspended two technology firms from processing new PERM applications on September 8 2026, marking the first public enforcement steps from the July probe. The OIG has issued “dozens” of subpoenas and is considering criminal referrals.
Data & Statistics
- $100,000 fee versus the prior $2,000–$5,000 range.
- The White House reported a 92 percent decline in H-1B registrations by large IT outsourcing firms since the fee’s introduction.
- The Department of Labor’s “Project Firewall” initiative, launched in September 2025, has generated roughly 200 investigations into alleged H-1B abuse.
Official Statements & Responses
The White House proclamation emphasized the need to curb perceived program abuses.
Conflicting Reports & Gaps
The fee extension remains subject to ongoing litigation. A Boston appeals court is reviewing a June district-court decision that blocked collection of the higher fee, while another court considers a challenge filed by the U.S. Chamber of Commerce. No final judicial determination has been issued, leaving enforceability uncertain.
Verbatim Quotes
- “FIIDS appreciates and understands the Administration's intent to protect America's national and economic interests, safeguard American workers , and address abuse of the H-1B program. Those are legitimate objectives,” — Khanderao Kand, Chief of Policy and Strategy at FIIDS
What’s Next
The surcharge will stay in effect until September 21 2027, unless a court overturns the order. The OIG has signaled that additional enforcement actions are likely, and employers are advised to review compliance measures, including wage verification and labor-market testing, to mitigate the risk of subpoenas or suspensions.