Trump administration proposes $100,000 fee on H-1B visa workers already residing in the US

The Department of Homeland Security is proposing a $103,265 fee on the H-1B visa program. 

The draft rule the agency published Monday would apply to individuals hired within the U.S., Bloomberg reported, and it would be added to all petitions for H-1B workers. 

President Donald Trump had issued a $100,000 fee for H-1B visa holders hired from outside the country, which disrupted hiring plans for many businesses. Because it relied on presidential authority to restrict entry into the U.S., it didn't include recent graduates or those H-1B visa holders currently living in the U.S.

A federal judge in Boston vacated the fee, ruling that it imposed an unlawful tax without approval from Congress. The Trump administration appealed the ruling, and the US Court of Appeals for the First Circuit denied an emergency request to block it. 

Trump's proclamation applied to new H-1B hires by universities, hospitals and research-based institutions, but the DHS proposal excludes those categories. 

The H-1B program is limited to 85,000 visa slots each year by a statutory cap, including 20,000 reserved for advance degree holders.