A Revived and Expanded H-1B Fee
On August 24, 2026, the Department of Homeland Security (DHS) proposed a new regulation that would increase the cost of obtaining an H-1B visa by imposing a $103,265 fee.
This action follows severe legal setbacks for the administration's initial attempt to price-out tech and research employers. In September 2025, an executive order imposed a $100,000 fee on H-1B petitions requiring consular processing. However, on June 8, 2026, a federal judge in Massachusetts ruled the fee to be an unlawful tax imposed without Congressional authorization. In July 2026, an appeals court formally denied the federal government's request to resume collecting the fee while their appeal proceeds.
In response, the newly drafted DHS regulation not only brings the fee back at a higher rate but drastically expands its scope. Under the new proposal, the $103,265 fee would apply to all H-1B workers subject to the annual statutory cap—including those with master's degrees and those already in the U.S. who were selected in the visa lottery.
The Administration explained that the additional fees will be used to cover costs for processing immigration applications and funding the EOIR (Immigration Courts), the law enforcement work of ICE and CBP, overseas consulates' operations, etc. The question is whether it is fair for the U.S. employers of technical workers to pay for these unrelated operations and programs. Currently, employers are already paying extra fees for anti-fraud operations, retraining and reeducation of American workers, and also the Asylum Program.
The proposal initiates a 30-day public comment period and is widely expected to face immediate litigation from business groups and other affected parties, who argue the program is critical for recruiting top global talent.
Mass Revocation of B1 and B2 Visas
Separately, the administration is preparing to cancel the business (B1) and tourism (B2) visas of up to 200,000 foreigners who have applied for or are currently seeking asylum in the United States.
T
he effort targets visas issued between 2016 and 2026. According to the State Department, the initiative targets "bogus" asylum claims. There are more than 3 million asylum applications pending in the United States now.
The revocations will be done on a rolling basis. Hence, holders of B1/B2 visas may not receive any notifications immediately. The administration noted that stripping individuals of their B1/B2 statuses will not automatically trigger immediate deportations.
.
Instead, most individuals with pending asylum cases will be losing their tourist or business status while their asylum claims proceed. They are only authorized to stay while their asylum claim is pending. If their asylum application is rejected, they are subject to deportation.
