Trump Extends $100,000 H-1B Fee Through September 2027

What Happened

On September 18, 2026, President Trump signed a [proclamation](https://www.whitehouse.gov/presidential-actions/2026/09/restriction-on-entry-of-certain-nonimmigrant-workers-faad/) extending "Restriction on Entry of Certain Nonimmigrant Workers" — the policy behind the $100,000 H-1B payment — for an additional 12 months. The extension took effect at 12:01 a.m. EDT on September 21, 2026 and runs until 12:00 a.m. EDT on September 21, 2027.

The proclamation continues the entry restriction and the $100,000 payment condition on new H-1B petitions for beneficiaries outside the United States, with exceptions available at the discretion of the Secretary of Homeland Security for individual aliens, companies, or industries deemed to be in the national interest. [Bloomberg Law reported](https://news.bloomberglaw.com/daily-labor-report/trump-extends-100-000-h-1b-visa-fee-as-legal-fight-plays-out) that the policy will remain in place through September 21, 2027 with those limited exceptions.

In support of the extension, the proclamation cites data from the first year of the policy: the $100,000 payment was made for more than 700 petitions since September 21, 2025; combined registrations by the largest IT staffing and outsourcing firms fell from 24,946 to 2,055, a 92 percent decrease; and consular processing requests fell nearly 97 percent between the FY2025 and FY2027 cap seasons.

The same day, the President signed a separate executive order on H-1B program integrity and interagency coordination, including scrutiny of employers' recent layoffs — covered separately in [our September 19 post](https://www.whitehouse.gov/presidential-actions/2026/09/).

Why the Timing Matters: The Fee Is Blocked in Court

The extension lands in the middle of active litigation. On June 8, 2026, the U.S. District Court for the District of Massachusetts vacated the agency guidance implementing the $100,000 payment requirement in *State of California v. Mullin*, No. 1:25-cv-13829 (D. Mass.), finding the fee to be an unlawful tax. The First Circuit denied the government's emergency stay on July 24, 2026, leaving the vacatur in effect nationwide.

Per USCIS's [official alert](https://www.uscis.gov/newsroom/alerts/presidential-proclamation-on-restriction-on-entry-of-certain-nonimmigrant-workers), DHS "will comply with the court's order while DHS considers next steps," but "if this order is later lifted, DHS still plans to collect the payment." In practical terms: the $100,000 payment is not being collected today, and the new proclamation does not change that on its own.

USCIS's [H-1B page](https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations) still describes the proclamation's mechanics — payment via Pay.gov before filing, denial of petitions filed without proof of payment or an exception, and exception requests described as "extraordinarily rare." Those requirements apply only to new petitions for beneficiaries outside the U.S.; extensions, changes of status, and amendments for workers already in the country remain outside the proclamation's scope.

Who's Affected

The extension matters most for these groups:

• Employers planning new H-1B petitions requiring consular processing for beneficiaries abroad — the policy framework now runs through September 2027 on paper, even while collection is enjoined.
• Cap-exempt employers — universities, nonprofits, and research institutions — that sponsor new hires from overseas, who face the same conditional structure if the vacatur is lifted.
• Current H-1B holders — extensions, transfers, and international travel on valid visas are unaffected by the proclamation.
• Anyone planning FY2028 cap strategy: the proclamation requires the Secretary of State, Attorney General, Secretary of Labor, and Secretary of Homeland Security to jointly recommend whether to extend the policy further within 30 days after the next H-1B lottery.

What Attorneys Should Know

Key practice points from the proclamation text and current agency posture:

• The vacatur, not the proclamation, controls what USCIS collects today. Counsel clients that the June 8 vacatur remains operative and the First Circuit denied the government's stay — but that posture can change on appeal.
• The extension reissues the same payment requirement on the same statutory authority (INA sections 212(f) and 215(a)) that the District of Massachusetts found insufficient to levy a tax. It does not moot the pending First Circuit appeal or the separate Chamber of Commerce case in the D.C. Circuit.
• If the vacatur is lifted, compliance obligations resume immediately: Section 2 of the proclamation requires employers to obtain and retain payment documentation before filing for beneficiaries outside the U.S., and the State Department to verify payment before approving visa applications.
• Exceptions under Section 1(c) are granted at DHS discretion and described by USCIS as extraordinarily rare — national interest, no threat to security or welfare, and no available U.S. worker. Requests go to H1BExceptions@hq.dhs.gov.
• Standard filing fees remain in the $2,000 to $5,000 range while the vacatur holds. No $100,000 payment should be tendered now, and no Pay.gov proof should accompany petitions during the injunction.

What Applicants Should Do

If you are an H-1B applicant or holder, the practical guidance is unchanged but the stakes extend another year:

• If you are in the U.S. in H-1B status, nothing in the proclamation applies to your extensions, amendments, or changes of status — file normally.
• If you are abroad awaiting consular processing on a new petition, work with your employer's counsel before traveling or paying anything: USCIS is not currently collecting the $100,000 payment, and any entity asking you to pay it should be verified.
• Keep all records. If the vacatur is reversed on appeal, payment documentation requirements would snap back for petitions filed afterward.
• Watch for State Department implementation at consulates — Section 3 of the proclamation applies to entries after the effective date, and consular officers are directed to verify payment before approving covered applications.

What to Watch Next

The extension guarantees the fee fight continues into 2027:

• First Circuit appeal in *California v. Mullin*: the government's next move after its stay denial — briefing schedule or a certiorari petition — will determine whether the vacatur survives.
• The parallel Chamber of Commerce appeal in the D.C. Circuit, where the fee was upheld at the district level, could produce a circuit split headed to the Supreme Court.
• DHS's stated "next steps" — whether the agency issues new implementing guidance designed to survive the vacatur.
• The joint interagency recommendation due within 30 days after the next H-1B lottery on whether to extend the restriction beyond September 2027.