H-1B visa program debate
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The gist
Trump administration proposes $103,265 fee for H-1B visas. The fee could deter employers and reshape US tech hiring.
Background
The H-1B program allows US employers to hire foreign workers in specialty fields, with 65,000 visas annually plus 20,000 for advanced degrees. Critics, including Trump, argue it's abused to replace American workers with cheaper foreign labor, while business groups say it fills a shortage of qualified workers. The proposed fee follows a previous $100,000 fee that was struck down by a federal court as an unconstitutional tax, but the administration is trying again via a new rule.
How it unfolded
- 2025Trump issued an order sharply increasing H-1B visa costs, with fees typically $2,000-$5,000 before.
- late Feb 2026About 70 employers had paid the $100,000 fee on 85 visa applications, according to court filings.
- Aug 21, 2026Reports emerge that DHS considers charging international students $100,000 to work via OPT, part of broader strategy.
- Aug 22, 2026JD Vance blames foreign labor and open borders for decline of US, sparking netizen reactions on X.
- Aug 24, 2026DHS posts proposed $103,265 fee in Federal Register, starting 30-day public comment period.
Who’s saying what
- Critics
- Trump and other critics say the H-1B program is abused by companies replacing American workers with cheaper foreign labor.
- Business groups
- Business groups and companies say the visa program is needed to address a lack of qualified American workers and recruit top talent.
- Public
- Some netizens on X say 'H-1B is an America last program' and that companies force workers to train foreign replacements.
- Legal challengers
- States and groups suing argue Trump's power to restrict entry cannot override the law creating H-1B, and DHS cannot impose fees without Congress.
Still unverified
The proposed fee's legality is disputed; a federal judge previously called a similar fee an unconstitutional tax, but the new rule may face similar challenges.