The White House has extended the $100,000 H-1B payment requirement through September 21, 2027. President Trump signed the new proclamation on September 18, 2026. But the extension does not mean employers must start paying $100,000 again. A federal district court has already vacated the policies used to enforce the payment requirement, and that judgment remains in effect while the government appeals.
For employers planning new H-1B filings, the extension adds another layer of uncertainty. The key question now is not whether the $100,000 policy still exists on paper, but whether and when the government can legally enforce it.
Quick Summary of the H-1B $100K Fee Extension
The H-1B $100K fee extension to 2027 renews Proclamation 10973 for 12 more months, starting September 21, 2026. Under the extended proclamation, certain new H-1B petitions involving workers outside the United States remain subject to the $100,000 payment requirement. In practice, however, the payment requirement is not currently being enforced because the Massachusetts judgment vacating the implementing policy remains in effect. A Massachusetts federal court vacated the fee in June 2026, and the First Circuit refused to pause that ruling on July 24.
What Changed on September 18, 2026
On September 18, 2026, President Trump signed a proclamation extending the existing $100,000 H-1B payment requirement through September 21, 2027. The extension does not create a new fee or change who the requirement covers. It keeps the original framework in place for another 12 months, but it does not by itself restore enforcement while the current court ruling remains in effect.
The $100,000 Fee Extension
The original proclamation was signed September 19, 2025, and was set to expire after one year. The H-1B fee extension on September 18 keeps the same framework, including DHS-granted national interest exceptions. The administration says the policy is working. The administration points to a 92% decline in registrations from the largest IT staffing and outsourcing firms and a nearly 97% decrease in consular-processing requests, while attributing broader changes to the combined effect of the payment requirement and the weighted-selection system. These are administration figures, not independent data. If the $100,000 payment requirement becomes enforceable again, here is who the policy is intended to cover and exclude.
Covered:
- New petitions for beneficiaries outside the U.S. who don’t hold a valid H-1B visa
- Petitions requesting consular notification instead of a change of status
Not covered:
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- Extensions of stay for current H-1B holders
- Change-of-employer petitions for workers already in the U.S.
- Change of status from F-1, L-1, TN, and similar categories inside the U.S.
- Petitions filed before September 21, 2025
Is the $100,000 Fee Enforceable Right Now?
No. The extension renewed the policy, but it didn’t erase the court ruling against it. Here’s how the litigation has played out so far:
- Sept. 21, 2025: The $100,000 fee takes effect.
- Dec. 23, 2025: A D.C. federal court upholds the fee in the U.S. Chamber of Commerce case.
- March 9, 2026: The D.C. Circuit hears oral argument; the appeal remains pending.
- June 8, 2026: A Massachusetts federal court vacates the fee in State of California v. Mullin.
- June 12, 2026: The fee is briefly reinstated through an administrative stay.
- July 24, 2026: The First Circuit denies the government’s stay request, blocking the fee again.
- Sept. 18, 2026: The proclamation is extended through Sept. 21, 2027.
Twenty states brought the Massachusetts case, with California leading the coalition. The district court concluded that the agency actions implementing the payment requirement violated the Administrative Procedure Act and were ultra vires, meaning outside the authority granted by law. The First Circuit hasn’t ruled on the merits yet. It only declined to let the fee resume while the appeal is pending.
According to the USCIS H-1B FAQ, DHS disagrees with the ruling but will comply for now. It also says it plans to collect the payment if the order is lifted. That’s the real risk for employers. Why does that matter? The D.C. and Massachusetts federal courts reached different conclusions, while a separate challenge, Global Nurse Force v. Trump, remains pending in the Northern District of California. Conflicting appellate rulings could increase the likelihood of Supreme Court review, although review would not be automatic.
Employers should also be aware of a separate proposed H-1B fee that is not part of the $100,000 proclamation. DHS’s proposed $103,265 fee would also reach certain cap-subject change-of-status petitions for beneficiaries already in the United States, including some eligible F-1 workers selected under the H-1B cap. The public comment period on that proposal closed on September 24, 2026. DHS has said that if both payment requirements become enforceable at the same time, some petitioners could face both charges.
FAQs
Do I have to pay the $100,000 fee right now?
No. As of September 2026, USCIS isn’t collecting the $100,000 payment because a Massachusetts federal court vacated the policy and the First Circuit refused to pause that ruling. The 2027 extension doesn’t change that on its own. If an appeals court or the Supreme Court rules differently, though, DHS has said it plans to collect again.
Does this affect my current H-1B renewal?
Generally, no, based on the scope of the original implementation policy. The original implementation policy primarily targeted new H-1B petitions involving beneficiaries outside the United States who required visa issuance or admission to begin H-1B employment. Extensions of stay for current H-1B holders, change-of-employer petitions for workers already here, and most change-of-status cases were never covered.
How Fayad Law Can Help
The $100,000 payment requirement is not currently being enforced, but the proclamation has been extended through September 21, 2027, and DHS has said it plans to collect the payment if the court order is lifted. That uncertainty calls for careful planning, not guesswork. Our attorneys at Fayad Law immigration help employers assess their fee exposure, determine whether a specific filing falls within the payment requirement, and time new petitions around shifting court rulings. Workers facing renewals, employer changes, or travel questions can get clear answers on how the fee and current litigation affect them. We also monitor court developments closely so clients can act quickly if enforcement resumes. Reach out to schedule a consultation.
Disclaimer: The information provided in this blog post is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Immigration laws and USCIS procedures change frequently; please consult with a qualified immigration attorney regarding your specific case.
