Few Employers Pay $100,000 Trump Fee for H-1B Hires

The low number of payments undermines the administration's claim that the fee is a revenue-raising measure.

Published on Feb. 27, 2026

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Only about 70 employers have paid a $100,000 fee on H-1B workers from outside the US since it was imposed through a September White House proclamation, a government attorney said. The low number of payments undermines arguments that the fee is a revenue-raising measure that requires explicit Congressional authorization, according to the Department of Justice attorney.

Why it matters

The $100,000 fee was imposed by the Trump administration as part of its efforts to restrict H-1B visas, which are used by many tech companies to hire skilled foreign workers. Critics argue the fee is an unlawful way to raise revenue without Congressional approval.

The details

The fee was imposed through a September 2020 White House proclamation. Attorneys for the government and plaintiffs, including a nurse recruiting firm, are sparring in an Oakland courtroom over the lawfulness of the $100,000 charge that applies to H-1B workers from outside the US.

  • The $100,000 fee was imposed through a September 2020 White House proclamation.

The players

Tiberius Davis

A Department of Justice attorney who said the low number of payments undermines the administration's claim that the fee is a revenue-raising measure.

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What they’re saying

“Only about 70 employers have paid a $100,000 Trump fee on H-1B workers from outside the US since it was imposed through a September White House proclamation.”

— Tiberius Davis, Department of Justice attorney

The takeaway

The low number of employers paying the $100,000 H-1B fee casts doubt on the administration's justification for the fee as a revenue-raising measure, potentially undermining its legal standing.