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Immigration News Alert
H-1B $100,000 Fee Requirement Extended Through September 2027 Amid Ongoing Court Challenges
- The Trump administration has extended restrictions on the entry of certain H-1B workers through Sept. 21, 2027, continuing a policy that generally requires a $100,000 payment for covered H-1B petitions involving beneficiaries outside the U.S., although the underlying policy remains subject to ongoing litigation.
H-1B $100,000 Fee Extended
On Sept. 18, 2026, the White House issued a presidential proclamation extending its existing restrictions on the entry of certain H-1B workers for an additional 12 months. The proclamation extends a policy first introduced in September 2025 that generally limits the admission of certain H-1B beneficiaries outside the U.S. unless the sponsoring employer satisfies specified requirements.
According to the administration, the extension is intended to continue efforts to prioritize higher-skilled and higher-paid foreign talent while addressing concerns related to wage protections, labor market impacts and H-1B program integrity.
Under the proclamation:
- Restrictions on the entry of certain H-1B workers have been extended through Sept. 21, 2027.
- Covered petitions generally remain subject to a $100,000 payment requirement unless an exemption or national interest exception applies.
- Federal agencies have been directed to continue implementing compliance and verification measures related to the policy.
Who Is Affected by the Fee?
As with the 2025 proclamation, the extension primarily affects foreign nationals outside the U.S. who require admission in H-1B status to begin employment under an approved H-1B petition. This may include:
- Individuals with newly approved H-1B petitions who have not yet entered the U.S.
- Beneficiaries applying for an H-1B visa at a U.S. consulate abroad.
- Foreign nationals who must travel to the U.S. to activate an approved H-1B petition.
Current Litigation on the Initial $100K Fee Executive Order
Despite the administration’s decision to extend the policy, its implementation remains uncertain due to ongoing legal challenges.
A federal court previously vacated the underlying proclamation and related agency actions, preventing enforcement while litigation continues. As a result, employers should closely monitor future court decisions and government guidance to determine whether the restrictions and payment requirements will ultimately remain in effect.
What Employers Should Know
Employers that rely on H-1B talent should be aware that the administration continues to prioritize H-1B program reforms and entry restrictions. While the extension signals the administration’s intent to maintain these measures, ongoing litigation may affect their enforceability.
Organizations may wish to:
- Monitor developments in ongoing court proceedings.
- Review workforce plans involving employees located outside the U.S.
- Assess potential impacts on future H-1B sponsorship and mobility needs.
- Stay alert for additional guidance from federal agencies regarding implementation of the policy.
Looking Ahead
The extension underscores the administration’s continued focus on H-1B policy reform and foreign worker admissions. However, the ultimate impact on employers will depend largely on the outcome of pending litigation and any subsequent agency guidance.
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