WASHINGTON, D.C. — In a striking revelation during his first Senate budget hearing, Department of Homeland Security Secretary Markwayne Mullin disclosed that the overwhelming majority of H-1B visa applicants this fiscal year have opted to pay the controversial $100,000 supplemental fee — a figure that underscores both the high demand for U.S. work visas and the enormous financial stakes of the Trump administration's immigration pricing strategy.
The Numbers: A $20 Billion Revenue Stream
According to Mullin, the Department of Homeland Security has received approximately 286,000 H-1B applications so far in fiscal year 2026, with more than 200,000 applicants choosing the premium processing option.
More than 70% of those applicants opted for the premium route, demonstrating the willingness of employers and workers to pay substantial fees for faster processing.
Mullin told senators directly: "We had 286,000 applicants a year to date for the H-1B visas. Out of those, over 200,000 of them paid the $100,000 to be able to come in, because it allows us to process them in a little bit faster manner."
The math is staggering. At $100,000 per applicant, the more than 200,000 payments represent over $20 billion in revenue flowing into the federal government from H-1B applicants alone.
Mullin added that applications submitted with the $100,000 fee are typically processed in about 15 days, compared with roughly seven and a half months for applicants seeking exemptions or alternative pathways.
Newsweek has been unable to independently verify the figure and has contacted the DHS for comment and clarification.
As of February 15, the Trump administration had received 85 payments after the new fee was implemented at the start of 2026, according to a DHS filing
— suggesting a dramatic acceleration in payments since that time.
Rural Healthcare Crisis Takes Center Stage
Homeland Security Secretary Markwayne Mullin was grilled by GOP Senator Susan Collins over the Trump administration's $100,000 H-1B visa fee during a Tuesday Senate Appropriations Committee hearing on the DHS budget for fiscal year 2027. Collins, a Maine Republican who serves as committee chair, pressed Mullin to consider exemptions for employers in rural areas, citing the burden the policy places on hospitals and other essential services.
Collins told the hearing that a hospital in Presque Isle, a rural community in northern Maine, recently had to pay the fee to secure a much-needed surgeon from overseas.
For a rural hospital, a $100,000 surcharge per doctor is often cost-prohibitive, forcing them to go without essential specialists like surgeons.
Collins drew a sharp distinction between tech industry hiring and rural medical recruitment, stating:
"I would suggest that there's a huge difference between bringing in a computer expert from another country to work in wealthy California and Silicon Valley versus a much needed surgeon to work at a rural hospital in northern Maine."
Collins asked Mullin directly: "Would you be willing to consider carving out an exemption for medical professionals from this fee when a community can demonstrate that there is not a medical professional available?"
Mullin responded favorably, saying: "We're happy to look into it, look at language, try to get it better, because I agree. From a very rural area, I understand how hard it is to get doctors."
While a broad exemption is difficult under current rules, Mullin confirmed that DHS does have some "authority and flexibility" to issue waivers on a case-by-case basis.
The discussion expanded beyond medicine.
Senator Lisa Murkowski of Alaska highlighted ongoing teacher shortages in rural school districts and suggested that H-1B visa policies may also need to account for challenges faced by educators in underserved communities.
Origins and Legal Battles
On September 19, 2025, President Trump issued a proclamation that requires employers to pay a $100,000 fee per H-1B petition for certain beneficiaries.
The fee is a supplemental charge imposed on H-1B petitions where the beneficiary is located abroad and will require consular processing to enter the United States.
The fee is paid by the petitioning employer, not the worker, and under existing regulations, employers are prohibited from passing H-1B filing costs to the beneficiary.
The fee has faced immediate and sustained legal challenge.
On October 16, 2025, the U.S. Chamber of Commerce filed suit in the District of Columbia challenging the proclamation. The Association of American Universities later joined the case as a plaintiff.
There are also two other pending lawsuits: one filed in the U.S. District Court for the Northern District of California by Global Nurse Force and a coalition including labor unions and other organizations, and one filed by a coalition of 20 states in the U.S. District Court for the District of Massachusetts.
A federal judge in Boston heard arguments May 29 in one of several lawsuits challenging the fee, but did not immediately rule. During the hearing, U.S. District Judge Leo Sorokin questioned the breadth of the administration's legal authority to impose the fee.
Congressional Push and Pull
The fee has generated unusual political cross-currents.
A bipartisan group of 100 lawmakers sent a letter in February to then-Homeland Security Secretary Kristi Noem, warning the $100,000 fee could worsen staffing shortages and strain already underfunded hospitals.
On the legislative front,
Representative Bonnie Watson Coleman, a New Jersey Democrat, introduced legislation in March 2026 that would nullify the administration's fee requirement.
In contrast, some Republicans have pushed in the opposite direction. Representative Greg Steube of Florida has proposed legislation to eliminate the H-1B program entirely, arguing it disadvantages American workers.
Meanwhile, 175 investigations have been opened into companies potentially abusing the H-1B visa program for skilled foreign-born workers.
The investigations have been conducted through Project Firewall, an enforcement initiative launched in September and aimed at protecting job opportunities and wages for American workers.
Practical Implications for Employers and Applicants
For employers and foreign national workers navigating the current H-1B landscape, several key considerations emerge from Mullin's testimony and the broader policy environment:
Timing is critical. The seven-and-a-half-month processing timeline for standard applications versus the 15-day expedited track creates enormous pressure on employers to pay the fee, particularly when hiring timelines are driven by patient care needs, academic calendars, or project deadlines.
Exemptions remain narrow.
USCIS limits the national interest exception to "extraordinarily rare" cases meeting four strict criteria: the noncitizen's presence is in the national interest, no U.S. worker is available, the individual poses no security or welfare risk, and requiring the fee would significantly undermine U.S. interests.
In-country alternatives exist.
Workers on F-1 OPT, F-1 STEM OPT, L-1, O-1, J-1, and other categories can file for change of status without triggering the $100,000 fee.
This pathway has become increasingly strategic for employers looking to control costs.
The fee may be temporary.
The proclamation is set to expire, absent extension, 12 months after the effective date — which was 12:01 a.m. eastern daylight time on September 21, 2025.
Congress could also act to either codify the fee into statute, making it permanent, or explicitly prohibit it.
What Comes Next
Mullin, speaking Tuesday in his first Senate budget hearing since taking over the Department of Homeland Security, also signaled support for making it easier for seasonal foreign workers with H-2B visas to return to the U.S.
However, he noted that some of the proposed changes would require action by Congress.
The combination of Mullin's testimony, ongoing litigation in multiple federal courts, and competing legislative proposals means the $100,000 H-1B fee will remain one of the most consequential — and contested — immigration policy developments of 2026.
As DHS reviews potential adjustments, healthcare providers and educators in underserved regions will be watching closely to see whether exemptions or special considerations emerge for occupations facing acute shortages.
For employers and immigration attorneys, the message is clear: stay prepared for rapid policy shifts. The legal and political ground continues to move beneath what has become one of the most expensive visa programs in the world.
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This article is for informational purposes only and does not constitute legal advice. If you have questions about how the $100,000 H-1B fee affects your specific situation, contact ClinchLaw to speak with an immigration attorney.