The $100,000 H-1B Fee: Extended to September 2027, But Currently Blocked by Court

On Sept. 18, 2026, the President signed a proclamation extending the September 2025 H-1B entry restriction — the policy tied to a $100,000 payment — for another 12 months, through Sept. 21, 2027. It and a companion executive order were published in the Federal Register on Sept. 23, 2026. But the payment is not being collected right now, because a federal court has vacated it. Here is where things stand.

Court status: the fee is vacated

The $100,000 payment policy has been vacated by a federal court. The U.S. District Court for the District of Massachusetts vacated the fee policy on June 8, 2026 in State of California et al. v. Mullin (No. 1:25-cv-13829), holding that the payment functioned as a tax and that the policy violated the Administrative Procedure Act. In July 2026 the First Circuit declined to stay that ruling, so USCIS has been barred from collecting the fee while the government’s appeal continues. Because the new proclamation is an extension of the vacated policy, outside counsel read it as also blocked by the existing order — but the government could take a different position, and changes to the status quo are possible with little notice.

What the proclamation says

Proclamation 11069 extends Proclamation 10973, which took effect Sept. 21, 2025. Under the restriction, entry of H-1B nonimmigrants to perform specialty-occupation services is limited unless the petition is accompanied or supplemented by a $100,000 payment, subject to limited exceptions the Secretary of Homeland Security may grant in the national interest. The restriction applies only to people entering or attempting to enter after the effective date.

Companion order adds enforcement scrutiny (EO 14431)

A companion Executive Order signed the same day directs federal agencies to coordinate when processing H-1B petitions, labor condition applications and visas, and to consider whether an employer engaged in layoffs within the previous year, or plans future layoffs, that negatively affect similarly situated U.S. workers. It directs the Department of Labor’s Wage and Hour Division to begin, within 30 days, reviewing previously submitted labor condition applications to decide whether action against sponsoring employers is warranted.

Related fee proposal (not final)

Separately, DHS published a proposed rule in August 2026 that would impose a fee of more than $103,000 on all cap-subject H-1B petitions. That is a proposal, not a final rule.

What to check

Which filing stage applies (consular processing versus a change of status or extension). Whether an exemption or national-interest exception may apply. And the current court and USCIS position before relying on either the payment or its suspension, since the litigation is ongoing.

Sources

Proclamation 11069, Restriction on Entry of Certain Nonimmigrant Workers, 91 FR 60497 (Sept. 23, 2026): https://www.federalregister.gov/documents/2026/09/23/2026-19554/restriction-on-entry-of-certain-nonimmigrant-workers

Executive Order 14431, Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program, 91 FR 60501 (Sept. 23, 2026): https://www.federalregister.gov/documents/2026/09/23/2026-19555/enhancing-program-integrity-and-interagency-coordination-in-the-administration-of-the-h-1b

General information, not legal advice. For case-specific advice, consult a qualified immigration attorney or accredited representative.