What to know about Trump's $100,000 H-1B visa fee, and the legal rebuke that followed

By — Paul Wiseman, Associated Press Paul Wiseman, Associated Press Leave your feedback Share Copy URL https://www.pbs.org/newshour/politics/what-to-know-about-trumps-100000-h-1b-visa-fee-and-the-legal-rebuke-that-followed Email Facebook Twitter LinkedIn Pinterest Tumblr Share on Facebook Share on Twitter What to know about Trump's $100,000 H-1B visa fee, and the legal rebuke that followed Politics Jun 11, 2026 4:49 PM EDT WASHINGTON (AP) — President Donald Trump last year dramatically ratcheted up the fee for H-1B work visas to $100,000, saying it would protect American workers from losing their jobs to lower-paid foreigners. But on Monday a federal judge struck down the fees , siding with 20 states and ruling that the Trump administration exceeded its authority by raising the charge without congressional approval. READ MORE: Here's why experts think Trump took 'a sledgehammer' to the H-1B visa worker program Many tech companies and universities rely on the H-1B program to fill openings for skilled jobs. But critics charge the visa program has been used to replace American tech workers. Here's a look at the visa program, Trump's fee and the court's decision. Educate your inbox Subscribe to Here’s the Deal, our politics newsletter for analysis you won’t find anywhere else. What are H-1B visas and who uses them? Created by the 1990 Immigration Act, they are a type of nonimmigrant visa, meant to allow American companies to bring in people with technical skills that are hard to find in the United States. The visas are not intended for people who want to stay permanently. Some eventually do, but only after transitioning to different immigration statuses. An H-1B allows employers to hire foreign workers who have specialized skills and a bachelor's degree or the equivalent. They are good for three years and can be extended another three years. Stephen Brown of Capital Economics estimated last year that there were around 700,000 H-1B visa holders in the United States along with another 500,000 dependents. READ MORE: Trump's $100,000 H-1B visa fee threatens rural schools and hospitals reliant on immigrant workers At least 60% of the H-1B visas approved since 2012 have been for computer-related jobs, according to the Pew Research Center. But hospitals, banks, universities and a wide range of other employers can and do apply for H-1B visas. The number of new visas issued annually is capped at 65,000, plus an additional 20,000 for people with a master's degree or higher. Those visas are handed out by a lottery. Some employers, such as universities and nonprofits, are exempt from the limits. What did Trump do and why? The White House announced the $100,000 fee last September. The application fee previously was $215 to enter the visa lottery, plus other processing charges. The higher fee took effect barely 24 hours after the announcement. Critics say that H-1B visas undercut American workers, luring people from overseas who are often willing to work for less t