News Update: $103,000 Fee for US Work Visa, Despite Court Ruling

Mohammad Alkhateeb

In order for a foreign national to work in the USA, a work visa is generally required. The application fee for the H1B visa category is currently set at around $3,000. In June 2026, a US Judge had found that the Trump Administration’s plans to impose a $100,000 charge on work visas were unlawful. The Administration has returned with a new proposal, with a slightly higher fee.

There were two reasons for the court’s decision. The court deemed this charge to amount to a tax. Federal taxes, including in the field of immigration, must be authorised by Congress. Furthermore, procedural law requires that a public notice of this decision be given, with an opportunity for comment by members of the public, including individuals and companies in the USA. The notice period allows time for legal challenges and invites public policy discussion including media scrutiny.

The arm-wrestle between the Administration and Federal Courts results from a disagreement on whether this charge is to be considered a tax or a penalty. This is a legitimate legal argument, and not a disregard or contempt of the courts. However, the Administration’s legal argument is weak, and it would be unusual for a court to accept that this fee is a penalty, as the hiring of foreign workers is not an unlawful act which would result in a penalty.

Following this judgment, the Trump Administration announced a plan to introduce a $103,265 fee on work visas. The new plan is not described as a penalty, but simply as a fee. It remains unclear whether the US courts will continue to deem this essentially a tax, or consider this plan unlawful for any other reason. Despite its draconian and unusual nature, the revised proposal is designed to adhere to the law and respect the verdict of the courts.