The $100,000 H-1B payment was described by the White House as a one-time charge tied to a new petition—not an annual fee. The administration extended the restriction through September 21, 2027, but a federal judge struck it down in June 2026. The sources reviewed here do not establish whether a later appeal or stay changed that ruling or how agencies are applying the extension. As of October 8, 2026, the fee’s enforceability is therefore unresolved in the available public record.
Is the $100,000 H-1B fee charged every year?
No. The White House’s September 21, 2025 FAQ described it as “a one-time fee on submission of a new H-1B petition.” That explanation does not support the claim that a worker must pay $100,000 each year to keep an H-1B visa.
The administration’s original policy tied the payment to certain new H-1B petitions and restricted visa issuance and entry for covered workers. That is different from an annual visa renewal charge. The White House FAQ said the proclamation did not change fees required for renewals.
What changed, and when?
| Date | Policy or legal event | What it establishes |
|---|---|---|
| September 19, 2025 | President Donald Trump signed the original “Restriction on Entry of Certain Nonimmigrant Workers” proclamation. | It set a $100,000 payment condition for covered H-1B cases, subject to a discretionary exception. |
| 12:01 a.m. EDT, September 21, 2025 | The original proclamation took effect. | The White House and State Department said the restriction applied to covered petitions filed after the cutoff. |
| June 8, 2026 | U.S. District Judge Leo Sorokin in Boston struck down the fee in a case brought by 20 states, according to the Associated Press. | The ruling challenged the administration’s authority to impose the payment. The AP report does not establish later appellate or stay proceedings. |
| September 18, 2026 | Trump issued a proclamation extending the restriction for another 12 months. | The extension states that the restriction continues through 12:00 a.m. EDT on September 21, 2027, but does not itself resolve the legal effect of the Boston ruling. |
The current question is not whether the 2025 policy was announced or whether the 2026 extension was issued; both are documented. It is whether court orders or updated agency instructions after the June ruling have altered implementation. The available sources do not settle that question.
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Who did the original policy cover?
The 2025 White House FAQ said the payment applied to new H-1B petitions submitted after the September 21, 2025 effective time. The State Department’s September 21 notice said visa issuance and entry restrictions applied to people seeking a visa or entry based on H-1B petitions filed with USCIS after that date.
- Previously issued visas: The FAQ said the proclamation did not apply to H-1B visas already issued.
- Earlier-filed petitions: The FAQ said petitions submitted before the effective-time cutoff were not covered.
- Renewals: The FAQ said the proclamation did not alter fees required for renewals.
- Current visa holders’ travel: The FAQ said it did not prevent current H-1B visa holders from traveling into and out of the United States. The State Department also said no visas had been revoked under the proclamation as of its September 21, 2025 notice.
Those statements describe the original administration guidance, not a resolution of the later court challenge. They also do not determine how a particular worker’s case is treated under any subsequent court order or agency instruction.
Discretionary national-interest exception
The original proclamation allowed an exception if the Secretary of Homeland Security determined that hiring a covered worker was in the national interest and would not threaten U.S. security or welfare. The September 2026 extension retained that discretionary exception. The materials reviewed do not establish that any applicant qualifies automatically or provide a general eligibility test.
Was the H-1B fee struck down?
Yes. On June 8, 2026, Judge Leo Sorokin ruled against the fee in a case brought by 20 states, according to the Associated Press. AP quoted the judge: “The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress.” The ruling also found that the executive branch exceeded its authority and violated the Administrative Procedure Act, AP reported.
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1Fix the driver behind crashes, sound loss and screen glitches2Clear out junk files and repair common Windows errors3Scan for outdated or missing drivers - takes under a minuteThe legal picture remains incomplete in the sources available for this article. AP reported that the U.S. Chamber of Commerce had appealed a denial of summary judgment in a separate case and that other litigation was pending, but its June 8 report does not establish subsequent appeal or stay events. The later September proclamation extended the administration’s restriction; it does not, by itself, show whether the Boston judgment was stayed, reversed, or otherwise limited.
Accordingly, it would be inaccurate to state here that the payment is definitely being collected today or definitely cannot be enforced. Current case-specific decisions require checking the relevant court docket and the latest instructions from USCIS, DHS, the State Department, and CBP.
What figures has the administration cited?
The September 2026 Federal Register proclamation reported the following metrics and attributed the changes to the combined effects of the payment and a weighted selection process. These are administration-reported figures and causal claims; the sources reviewed do not independently establish that the fee alone caused the reported changes.
| Administration-reported measure | Reported figure | Qualification |
|---|---|---|
| Petitions associated with payment | More than 700 | The White House’s 2026 proclamation reported this count since the restriction took effect. |
| Combined registrations by the largest IT staffing and outsourcing firms | Down 92%, from 24,946 to 2,055 | The White House’s 2026 proclamation reported the comparison; it attributed the change to the combined policy and selection process. |
| Consular-processing requests | Down nearly 97% | The White House’s 2026 proclamation compared FY 2025 and FY 2027 cap seasons. |
| Registrants with at least a U.S. master’s degree | Up from 45.1% to 66.1% | The White House’s 2026 proclamation compared FY 2026 with FY 2027. |
| FY 2027 selections by wage level | 46.3% at the two highest wage levels; 17.8% at the lowest | The White House’s 2026 proclamation reported these shares and presented them as evidence of the combined policy’s effect. |
What should employers and workers verify before budgeting?
Because the original policy, later extension, and court ruling do not resolve the present enforcement question when read together, do not treat the $100,000 figure as a confirmed annual expense—or assume it is currently due or unavailable. For a real filing or travel decision, check the current court docket and official agency instructions, and consult a qualified immigration lawyer about the specific petition and worker. The relevant facts can depend on filing date, location, whether visa issuance or admission is involved, any applicable exception, and later court or agency action.
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