On September 18, 2026, President Trump signed a proclamation extending the $100,000 H-1B fee for another 12 months. The original restrictions were due to expire on September 21, 2026. They now run through September 21, 2027.
However, a federal court invalidated the fee in June, and that decision remains in effect. Although the policy has been renewed, employers are not currently required to pay the $100,000 fee. So while this fee is in place it’s not being enforced.
Background
On September 19, 2025 the U.S. government imposed this fee on H-1B visa holders. It went into effect on September 21, 2025. The administration felt that certain companies were abusing the H-1B visa to take jobs from US Citizens. They wanted to use the fee to deter these companies.
There were several lawsuits that arose after the implementation of this fee. The US Chamber of Commerce filed a lawsuit against the fee in Washington DC. A judge in Washington DC ruled in favor of the government in December 2025. Shortly after that a group of 20 states filed a lawsuit against the fee in Massachusetts. On June 8th 2026 Judge Leo T. Sorokin ruled in favor of the states. The payment was considered a tax that only Congress could levy. Also that proper rule making wasn’t followed.
An appeal was filed against the Massachusetts decision. On July 24th the first circuit denied a stay on the ruling while the appeal was heard. Since we now have 2 federal courts deciding differently this may end up at the Supreme Court.
Who’s Affected by the Fee?
Like the 2025 proclamation, the H-1B fee applies to the following groups:
- 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.
The $100,000 fee will be required for H-1B petition that fall under the proclamation. The secretary of homeland security can still grant exemptions or determine if something falls under national interest.
The fee will apply to all new H-1B visa applications that require a visa to enter the United States from abroad. Many workers are not subject to the fee. F-1 students changing status within the United States are exempt, as are current H-1B workers filing extensions or those already in the country changing employers. For most individuals already in the U.S., the fee has not been applicable. Agencies will continue to enforce and verify H-1B.
The White House claims that since the first proclamation was issued. There has been a 92% decrease in H-1B registration from large IT companies. These are the numbers they are reporting.
What Employers Should Do Now
Don’t submit the $100,000 fee unless required. However, don’t assume the matter is resolved. If the government wins on appeal they can impose the fee back at any time.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.