Trump Admin Pushes Ahead with $140,000 Professional Visa Fee Despite Court Setbacks

The Donald Trump administration in the United States is moving to institutionalize a fee exceeding 100,000 dollars for applicants of the H-1B visa, widely known as the specialty occupation visa.

This policy, previously grounded in a one-year presidential proclamation, is now being pursued as an official formal regulation established by the department.

The move is being enforced despite hurdles from federal courts, and legal battles are once again expected.

According to Reuters, the U.S. Department of Homeland Security (DHS) issued a notice of proposed rulemaking setting a fee of 103,265 dollars (approx. 143 million won) for new H-1B visa applications.

The H-1B visa applies to specialized occupations in science, technology, engineering, and mathematics (STEM) fields, with an annual cap of 85,000 visas issued through a lottery.

It allows an initial stay of three years, with options for extensions and applications for permanent residency.

Reuters reported that with the DHS's proposed rule, a 30-day public comment period will begin, and the regulation is expected to be finalized around the end of the year.

This follows U.S. President Donald Trump's proclamation in September of last year setting the H-1B visa application fee at 100,000 dollars and directing the DHS to establish an official institutional framework.

The proclamation was valid for one year and expires next month.

In effect, the administration initially introduced the policy using presidential authority via a proclamation, and government departments are now formulating regulations for long-term implementation following detailed reviews.

Once the DHS proposal is finalized, H-1B fees will increase substantially.

Reuters noted that fees previously ranged from 2,000 to 5,000 dollars.

Reuters also reported that the fee does not apply to foreigners already residing in the United States on student visas or those renewing existing H-1B visas.

However, reports have emerged that the Trump administration is considering imposing a 100,000 dollar fee when foreign students who graduated from U.S. universities seek employment in the United States.

The hefty fee for professional visas is part of the aggressive immigration enforcement policies championed by President Trump.

It is also interpreted as an intention to demonstrate that there is no willingness to soften the immigration crackdown stance ahead of the November midterm elections, thereby consolidating his base.

The 100,000 dollar fee for H-1B visas has faced successive blocks from U.S. federal courts.

A federal court in Massachusetts ruled in June that the fee was unlawful, categorizing it as an unauthorized tax implemented without congressional approval.

Once the DHS proposal is finalized, it is expected to face similar legal challenges.

Adjustments may be made to existing lawsuits targeting the presidential proclamation, or new lawsuits could be filed.

Based on fiscal year 2024 data for countries of origin of approved H-1B workers, India ranked first at 71%, China second at 11.7%, and South Korea fifth at 1%.

The Trump administration's high-fee system is expected to deal a significant blow to high-skilled talent from South Korea seeking employment in the United States.

Following President Trump's introduction of the 100,000 dollar fee, H-1B visa applications suffered an immediate blow.

Reuters reported that as of the end of February, there were 85 applications, with approximately 70 people paying the 100,000 dollar fee.

The Trump administration's aggressive immigration enforcement policies are also impacting H-1B visas overall.

Reuters reported that U.S. companies registered about 344,000 H-1B visas last year, which is a decrease of over 25% compared to 2024 and less than half of the 794,000 recorded in 2023.

President Trump believes that high-skilled foreign workers are taking jobs away from American citizens and that entry barriers should be raised.

Meanwhile, the business community counters that there is a shortage of high-skilled talent within the United States, making the acquisition of foreign workers essential in certain fields.

Even within President Trump's core base of supporters, the MAGA (Make America Great Again) movement, opinions are divided.

While traditional MAGA supporters side with President Trump, figures close to big tech companies, such as Elon Musk, oppose the high H-1B fees, making specialty visas a prime example of ideological and generational conflict within his base.

(Photo: AP, Yonhap News)
※ Please note: This article was translated by AI and may contain errors.