Over KSh 13m: US to impose fees on Kenyans, other skilled work, F-1 OPT visas

This story has significance for readers across Kenya and beyond.

- The Department of Homeland Security has reportedly proposed a fee of USD 103,265 (about KSh 13.36 million) on new H-1B skilled worker visa applications

- A separate proposed rule targeting the F-1 Optional Practical Training programme could impose fees of up to $100,000 (about KSh 13 million) per application

- The H-1B fee proposal opens a 30-day public comment period before a final rule could be adopted by the end of 2026

The United States Department of Homeland Security (DHS) has moved to formalise a fee of about KSh 13.36 million (USD 103,265) on new H-1B visa petitions for highly skilled foreign workers.

This measure would directly affect Kenyans and other nationals seeking employment in the United States through the skilled worker immigration programme.

Once the proposals are published in the Federal Register, DHS will accept public comments for 30 or 60 days before it moves to finalise the proposal.

What the H-1B fee proposal covers

The H-1B programme currently allows US employers to recruit foreign workers in speciality occupations, issuing 65,000 visas annually, with an additional 20,000 reserved for holders of advanced degrees.

Application petitions used to typically attract fees of between KSh 260,000 and KSh 650,000 (USD 2,000 to USD 5,000), depending on the applicant's circumstances.

The proposed fee marked a dramatic increase in cost and was first introduced through a presidential proclamation issued by President Donald Trump in 2024.

A federal judge ruled in June 2025 that the original fee was unlawful, blocking the administration from collecting it.

A Boston-based appeals court is reviewing that ruling, while separate legal proceedings in Washington, D.C., are ongoing.

Because the 2024 proclamation expires in September 2025, DHS is now seeking to make the fee permanent through formal regulation.

Employer registration for H-1B visas dropped to roughly 344,000 in 2025, a decline of more than 25% compared with 2024 and less than half the 794,000 applications filed in 2023, according to data from US Citizenship and Immigration Services.

F-1 OPT fee under separate proposal

Alongside the H-1B measure, DHS has submitted a separate proposed rule covering the F-1 Optional Practical Training programme to the Office of Management and Budget, which completed its review on August 20, 2025.

The OPT programme allows international students in the United States, including thousands of Kenyans enrolled in American universities, to work in their field of study after graduation.

Media reports ahead of the proposal's release suggested the fee on OPT applications could be set at USD 100,000, though the precise figure will only be confirmed once the rule is formally published in the Federal Register.

The proposals are part of a broader set of immigration measures under the Trump administration. Earlier in August, DHS introduced an additional fee of up to KSh 585,000 (USD 4,500) on applications to extend H-1B workers' stays or transfer employees from abroad to the United States.

Critics, including the US Chamber of Commerce, Democratic-led states, and a coalition of unions and employers, have challenged the H-1B fee in court, arguing that imposing such charges requires congressional approval rather than executive action alone.

Why did the judge invalidate Trump's $100,000 H-1B visa fee?

Earlier, a US federal judge invalidated Donald Trump’s $100,000 H-1B visa fee after ruling that it amounted to an unlawful tax.

The judge found that Trump did not have the authority to impose the charge because the US Constitution gives Congress the power to levy taxes.

The court also ruled that Congress had not delegated such taxing authority to the executive branch.

The decision cancelled the fee, allowing employers to return to the previous H-1B application fees of about $2,000 to $5,000, although the Trump administration planned to appeal.

Source: TUKO.co.ke

Reporting originally appeared via TUKO. Read the full source for additional context.