The White House has extended its $100,000 H-1B payment requirement for another year, through September 21, 2027, for H-1B applications subject to the fee. A federal court vacated the agency guidance implementing the $100,000 payment requirement. On July 24, the appeals court declined to put that ruling on hold while the case is appealed. At present, the payment requirement remains blocked unless a later court decision or government update changes it.
On a separate note, a DHS notice of proposed rulemaking proposes a $103,265 fee for H-1B cap subject petitions, in addition to other applicable H-1B fees. The proposal is not in effect unless and until DHS finalizes it. Furthermore, a September 18 executive order directs agencies to consider whether an H-1B sponsor recently laid off or is planning to lay off similarly situated US workers.
Amidst a variety of changes appearing on the horizon, here’s what employers and applicants must know.
What change did President Trump introduce regarding H-1B visas?
President Trump signed a proclamation on September 18, 2026, extending the 2025 H-1B entry restriction for an additional 12 months absent any other extensions. This is commonly known as the "$100,000 H-1B payment" policy. The extension took effect at 12:01 a.m. Eastern time on September 21, 2026.
The White House states that the original restriction has been “highly effective” in reducing employer reliance on lower-paid foreign labor, and that the recent underlying conditions justify its existence. The proclamation is framed as a restriction on entry for certain H-1B workers unless the $100,000 payment is made.
Why did the administration extend the proclamation?
As per the administration, the conditions that led to the original proclamation persist. The administration cites 5 conditions that are responsible for the proclamation being extended:
- Wage suppression
- Displacement of American workers
- Abuse by some staffing and outsourcing firms
- High unemployment and underemployment among recent graduates
- Ongoing fraud concerns
Here is the support the administration cites:
- Recent college graduate unemployment stood at 5.7% as of June 2026, only a marginal improvement from 5.8% in September 2025
- Underemployment among recent graduates rose from 41.8% to 42%
- DOL's related wage-integrity rulemaking is still in progress and will require time for labor market corrections
- Fraud and abuse are described as "ongoing and pervasive concerns" requiring sustained enforcement
As per the administration, the Secretary of State, Attorney General, Secretary of Labor, and Secretary of Homeland Security jointly recommended the extension, and Trump adopted that recommendation.
Does the $100,000 payment apply to all H-1B workers, or only certain ones?
The $100,000 payment does not apply to all H-1B workers. Here’s what the restriction covers:
- H-1B specialty-occupation workers who are currently outside the U.S.
- Workers who must seek admission to the U.S. to make use of an approved petition, subject to exceptions
- Only petitions not accompanied by the $100,000 payment (unless a national-interest exception applies)
The proclamation does not apply to petitions such as extensions, amendments, transfers, or changes of status for workers already inside the U.S., as they do not seek "admission." How the rule applies in practice will depend on how the agencies implement it.
How should employers comply with the payment requirement, if it becomes enforceable?
Here are the requirements that the employers must comply with, if the rule becomes enforceable:
- Before filing an H-1B petition on behalf of a worker who is outside the United States, employers must obtain and retain documentation proving the $100,000 payment was made.
- The State Department must verify that the payment was made during the visa application process, and may approve only those visa applications where the employer has made the payment.
- The State Department and DHS must coordinate to implement the proclamation and to deny entry to any H-1B worker for whom the employer has not made the required payment.
The requirement is currently blocked by the nationwide court vacatur, and therefore employers are not required to make this payment right now. However, employers should note that these compliance mechanics only describe how the system would work if the payment requirement becomes enforceable.
Why is the payment requirement blocked right now?
On June 8, 2026, the U.S. District Court for the District of Massachusetts vacated the agencies’ guidance implementing the $100,000 payment. The district court temporarily stayed its order while the government sought appellate relief. On July 24, the First Circuit denied the government’s stay motion, so the vacatur remains in effect during the appeal. USCIS has confirmed that it is complying with the order and is not collecting the $100,000 fee.
Are there any exceptions to the $100,000 payment requirement?
Yes. There is a discretionary national-interest exception administered by the Secretary of Homeland Security. Under Section 1(c), the restriction does not apply if DHS determines, at its discretion, that:
- Hiring the worker(s) is in the national interest of the United States, and
- It does not pose a threat to U.S. security or welfare.
The proclamation allows this exception at 3 levels:
- For a single individual worker
- For all H-1B workers at a specific company
- For all H-1B workers in an entire industry
Visa holders should note that these exceptions are determined on a discretionary, case-by-case basis rather than being self-executing or automatic. The proclamation also does not list any automatic or direct exemptions for universities, nonprofit hospitals, research organizations, workers with a U.S. master’s degree, high-wage occupations, or workers from any specific country.
Can the $100,000 payment and the $103,265 fee both apply to the same case?
Potentially, yes. Both fees may apply to the same case if both become legally enforceable and a specific petition meets the conditions for both. As per the rule proposed by DHS, the $103,265 fee would be payable in addition to other applicable fees or payments, including a payment required by the presidential proclamation ($100,000). But that is a future scenario and not a current requirement, as the former fee ($100,000) is currently blocked by the vacatur and the latter fee ($103,265) is just a proposal and is not finalized yet.
If both fees become enforceable, the combined charge would be $203,265. On top of that, employers and applicants should also account for ordinary H-1B filing fees, fraud prevention fees, Asylum Program fees, and optional premium processing fees.
Conclusion
USCIS is not collecting the $100,000 payment, though this may change depending on further court action or agency guidance.
In essence, H-1B sponsorship is being reshaped on 3 fronts:
- The litigation over the $100,000 proclamation payment
- DHS's rulemaking on the proposed $103,265 cap-subject fee
- The new screening and interagency-review requirements regarding layoffs and program integrity
As a best practice, employers and applicants should know their case type and the applicant's location, and keep an eye on any developments in the litigation. The cost of an H-1B visa could rise sharply in the future, but at the moment it still stands where it was.
At Alma, we are tracking these changes closely and helping employers and applicants alike understand what these changes mean for H-1B sponsorship and global hiring.
