Trump Extends Executive Order Targeting $100,000 H-1B Visa Fee

President Donald Trump has extended an executive order for another year that seeks to impose a $100,000 fee on H-1B non-immigrant visas. The White House confirmed the extension on September 18, 2026, maintaining a policy that has faced significant legal hurdles since its initial introduction in September 2025. The H-1B program, established by Congress in 1990, allows U.S. employers to recruit skilled foreign professionals, particularly in the technology sector, for temporary work assignments.

The administration's attempt to raise the fee from the standard range of $2,000 to $5,000 to a minimum of $100,000 remains tied up in the federal court system. A federal judge in June 2026 ruled the higher fee structure illegal and issued an injunction blocking the government from collecting it. That decision is currently under review by a Boston-based appeals court. Additionally, a separate legal challenge brought by the U.S. Chamber of Commerce, the nation's largest business lobbying group, is being considered by another court to determine if a previous dismissal of their case was handled correctly.

The executive order specifically targets new H-1B applications but excludes certain categories. It does not apply to foreign citizens already residing in the United States on student visas, who represent a significant portion of new H-1B recipients, nor does it affect the renewal of existing visas. The program is a critical recruitment pipeline for tech companies relying on talent from India and China.

Business groups have consistently argued that the visa program is essential for addressing shortages of qualified domestic workers in specialized industries. Conversely, the administration has framed the policy as part of a broader immigration crackdown, criticizing the program for allegedly allowing companies to hire lower-paid foreign workers instead of U.S. citizens. The ongoing uncertainty surrounding the fee structure and visa processing has forced some major users of the program, including Alphabet, to adjust their operational strategies, such as increasing their footprint in India to mitigate hiring disruptions.