US Proposes KSh 13 Million Fee for Kenyans Applying for H-1B and F-1 OPT Visas

The United States Department of Homeland Security (DHS) has put forward a proposal to impose a fee of approximately USD 103,265 (around KSh 13.36 million) on new H-1B visa applications for highly skilled foreign workers. This move will affect Kenyans and other nationals seeking employment in the US under the skilled worker programme.

The H-1B visa programme currently issues 65,000 visas annually for specialty occupations, with an additional 20,000 reserved for applicants holding advanced degrees. Historically, application fees ranged from USD 2,000 to USD 5,000 (about KSh 260,000 to KSh 650,000), but this proposal marks a significant increase.

This fee was initially introduced via a 2024 presidential proclamation by former President Donald Trump but was struck down by a federal judge in June 2025, who ruled it unlawful due to constitutional limits on taxation powers. The DHS is now seeking to formalize the fee through regulatory channels before the proclamation expires in September 2025.

Alongside the H-1B fee, DHS has also proposed a separate rule targeting the F-1 Optional Practical Training (OPT) programme, which allows international students, including many Kenyans studying in the US, to work in their field post-graduation. The proposed fee for OPT applications could reach USD 100,000 (approximately KSh 13 million), though the exact amount will be confirmed once published.

The proposals are open for public comment for 30 days after publication in the Federal Register, with final rules expected by the end of 2026.

Background and Reactions

• Employer registrations for H-1B visas dropped by over 25% in 2025 compared to 2024, with just 344,000 applications, down from 794,000 in 2023.
• The Trump administration’s original fee faced legal challenges from business groups, states, and unions, who argue that such fees require congressional approval.
• Additional fees have also been proposed for extending H-1B stays or transferring employees to the US, further increasing the cost burden on applicants.

The DHS’s move reflects broader immigration policy changes initiated under the Trump administration, aiming to adjust the cost structure of US visa programmes.