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As of October 4, 2026, it is not possible to give a reliable blanket answer about who must pay the $100,000 H-1B requirement. The White House says President Trump renewed the requirement in September 2026, after a federal judge reportedly struck down the earlier fee in June. The available information does not establish how the renewal interacts with that ruling or exactly which petitions it covers. The original 2025 rule was not a $100,000 charge on every H-1B visa holder.
What the original $100,000 H-1B requirement covered
In its 2025 proclamation, President Trump framed the measure as a restriction on entry by certain H-1B specialty-occupation workers unless the petition was accompanied or supplemented by a $100,000 payment, subject to exceptions. The White House said the requirement applied to new petitions submitted after 12:01 a.m. EDT on September 21, 2025. The proclamation set a 12-month duration unless the restriction was extended.
That is narrower than saying an H-1B visa itself costs $100,000, or that every H-1B worker personally owes that amount. The White House described a payment accompanying a petition; the proclamation connected payment to entry. The administration presented the policy as a response to abuses and displacement of U.S. workers. That was its stated rationale, not proof that the fee would produce those outcomes.
What the 2025 guidance said about existing cases
USCIS Director Joseph B. Edlow’s September 20, 2025 memorandum said the initial guidance applied prospectively. It said the proclamation did not affect beneficiaries of earlier-filed petitions, people with currently approved petitions, or people with validly issued H-1B visas. Edlow wrote: “The proclamation does not impact the ability of any current visa holder to travel to or from the United States.” That statement describes USCIS’s initial 2025 clarification; it should not be assumed to settle every case under the 2026 renewal.
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| Case | What the 2025 materials said | What is established for the 2026 renewal |
|---|---|---|
| New petition submitted after the September 21, 2025 cutoff | The White House said the $100,000 payment accompanied new petitions submitted after 12:01 a.m. EDT on that date, subject to exceptions. | The White House announced a September 2026 renewal, but the available fact sheet does not establish the complete current scope or implementation details. |
| Petition filed before the 2025 cutoff | USCIS said the initial guidance did not affect beneficiaries of earlier-filed petitions. | Whether and how the renewal treats this case is not established by the renewal announcement alone. |
| Approved petition or valid H-1B visa under the 2025 clarification | USCIS said the 2025 guidance did not affect currently approved petitions or validly issued H-1B visas. | The 2025 clarification does not by itself determine the effect of the 2026 renewal or later legal proceedings. |
| Extension, amendment, or change of status | The cited 2025 materials identify distinctions relevant to petition timing and status but do not establish a complete rule for every filing type in this table. | The covered filing types under the 2026 renewal are not established by the available announcement. |
| Travel or entry to the United States | USCIS said in September 2025 that the initial proclamation did not affect current visa holders’ ability to travel to or from the United States. | The June 2026 ruling and September renewal make it unsafe to carry that initial assurance forward as a universal current answer. |
Why the answer changed in 2026
Axios reported that a federal judge ruled in June 2026 that the earlier fee was unlawful. The White House subsequently announced that a September 2026 proclamation renewed the $100,000 requirement. Those developments do not, by themselves, establish the present legal effect: the court order, any appeal or stay, and the full text and implementation of the renewal determine how the events fit together. The available information does not resolve that interaction or show which petition categories and exceptions currently apply.
For that reason, neither “the fee is definitely in force for every new H-1B petition” nor “the court permanently ended it” is a sound general conclusion on the information established here. The original proclamation’s 12-month sunset also is not enough to answer the current question because the White House says the requirement was renewed.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What an employer or H-1B worker should confirm before filing or traveling
Because the answer can turn on filing date, location, petition type, existing approval or visa, and the legal action currently controlling, confirm the case-specific position rather than relying on a summary of the 2025 announcement.
- Ask the employer’s immigration counsel to identify the proclamation, USCIS implementation guidance, and any court order or appeal that counsel says governs the specific case as of the filing or travel date.
- Confirm whether the case is a new petition, extension, amendment, or change of status, and whether the beneficiary is inside or outside the United States. Ask how those facts affect both payment and entry.
- Get written confirmation of whether the $100,000 payment is required, who must make it, whether an exception applies, and what documentation is needed. Do not infer the answer from the worker’s visa status alone.
- Before international travel, have counsel assess the traveler’s current visa, petition approval, and the rules in effect on the planned return date. USCIS’s September 2025 travel statement was an initial clarification, not a determination of every 2026 situation.
These are fast-changing, case-specific immigration questions, not personal-finance calculations alone. A qualified immigration attorney can assess the relevant filing and travel facts; this article is not individualized legal advice.
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