Trump Extends $100,000 H-1B Fee to September 2027 — But Court Ruling Keeps It Unenforceable
Updated: 11 hours ago
WASHINGTON, September 21, 2026 — President Donald Trump signed a proclamation on September 18, 2026, extending the $100,000 payment requirement for certain H-1B nonimmigrant petitions by another 12 months, through September 21, 2027.
However, the extension carries a critical legal caveat: the fee is currently unenforceable because a federal court vacated the policies implementing it earlier this year.
What the Proclamation Says
Aspect | Details |
Signed | September 18, 2026 |
Effective | September 21, 2026, 12:01 a.m. EDT |
Expires | September 21, 2027, 12:00 a.m. EDT |
Applies To | H-1B workers seeking admission from outside the United States |
Exceptions | Secretary of Homeland Security may grant national interest exceptions |
Legal Status | Currently unenforceable |
The proclamation continues restrictions first imposed on September 19, 2025, aimed at deterring employers from hiring lower-paid foreign workers by imposing a prohibitive payment requirement.
The Critical Legal Context
This is the most important point for employers and applicants to understand.
Court Ruling Timeline
Date | Event |
September 19, 2025 | Trump issues original $100,000 H-1B fee proclamation |
December 12, 2025 | Twenty states file lawsuit in Massachusetts federal court |
June 8, 2026 | Federal district court vacates the policies implementing the fee, ruling they exceeded presidential authority and violated the Administrative Procedure Act |
July 24, 2026 | First Circuit Court of Appeals denies the government's request to pause the ruling |
September 18, 2026 | Trump signs proclamation extending the fee — but the court's vacatur remains in effect |
Current Practical Reality
As of September 19, 2026, employers sponsoring H-1B workers abroad do not have to include the $100,000 payment while the court order stands.
DHS has confirmed it is complying with the court order and is not currently collecting the fee, though the agency stated it strongly disagrees with the ruling and may resume collections if the order is lifted.
Who Is Affected — and Who Is Exempt
Affected
H-1B workers seeking admission from outside the United States (consular processing)
Large IT outsourcing firms that rely heavily on the H-1B programme
Exempt
Group | Status |
Current H-1B visa holders in the U.S. | Renewals unaffected |
Foreign graduates already in the U.S. | Most new H-1B recipients fall into this category |
National interest exceptions | DHS Secretary may waive for individuals, companies, or entire industries |
The White House stated that "exemptions remain in place for current H-1B visa holders and foreign graduates already in the U.S."
Companion Executive Order: Layoff Scrutiny and Data Coordination
On the same day, Trump signed a separate Executive Order directing the Departments of State, Labor, and Homeland Security to consider whether a sponsoring employer has conducted or plans to conduct layoffs when adjudicating H-1B petitions, visa applications, applications for admission, and Labor Condition Applications.
The order also directs those agencies to coordinate with the Departments of Commerce and Education and the Small Business Administration to obtain data on:
Wages
Industry conditions
Employment specialization
Academic and education data
DOL is instructed to begin reviewing already-submitted LCAs within 30 days to determine whether enforcement action is warranted.
What the White House Claims
The White House fact sheet cites significant shifts in H-1B usage since the 2025 measures:
Metric | Change |
H-1B registrations from largest IT outsourcing firms | Down 92% |
Consular processing requests | Down approximately 97% |
Programme usage | Shifted toward higher-skilled, higher-paid workers |
The White House also stated that before the 2025 proclamation, over 65% of IT workers held H-1B visas, while the U.S. STEM workforce doubled between 2000 and 2019 even as total STEM employment grew just 44.5%.
What to Watch Next
Development | Status |
First Circuit ruling on the merits | Pending; no timeline announced |
Updated USCIS filing guidance | Expected to reflect court compliance |
U.S. Chamber of Commerce separate challenge | Pending at D.C. Circuit |
Potential Supreme Court appeal | Expected |
Separate $103,265 fee proposal | Proposed in August for all cap-subject H-1B petitions; under OMB review |
Quick Reference Summary
Aspect | Details |
Proclamation Signed | September 18, 2026 |
Fee Amount | $100,000 |
Extended Through | September 21, 2027 |
Currently Enforceable? | No — court vacatur remains in effect |
Court Ruling Date | June 8, 2026 |
Appeal Court | First Circuit denied stay on July 24, 2026 |
Exemptions | National interest; in-country applicants; renewals |
Companion Order | Layoff scrutiny + interagency data coordination |
Read Also
Official Resources
Resource | Link |
White House Fact Sheet | |
First Circuit Court Order | |
DHS Compliance Statement | |
USCIS H-1B Information |
For the latest immigration updates, visa policy changes, and 2026 developments worldwide, visit: visasupdate.com/blog/category/usa
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