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A free scan shows the junk files, broken settings and background clutter dragging Windows down - then fixes them in one click.Free scan · Windows 10 & 11No. The $100,000 H-1B payment restriction and the cap-selection change are separate policies. DHS has replaced the old equal-chance cap selection with a wage-level-weighted process, but it has not abolished selection by lottery. The payment restriction governs certain workers and petition circumstances; it does not determine a registration’s selection odds.
Policy status in this explainer is based on government materials and reporting available as of October 3, 2026.
What changed: a payment restriction and a weighted selection process
| Question | $100,000 payment restriction | Cap registration selection |
|---|---|---|
| What kind of policy is it? | A presidential proclamation imposing a payment condition on specified H-1B workers and petition circumstances. | A Department of Homeland Security final rule changing how cap-subject registrations are selected. |
| What stage does it affect? | Payment documentation before an employer files a petition for a covered worker outside the United States, and entry or attempted entry under the proclamation. | Selection among registrations subject to the annual H-1B cap. |
| When does it apply? | The September 2026 proclamation renews the restriction for 12 months from its effective date. Its effective date and coverage control; do not assume the original 2025 dates automatically apply. | The final rule took effect February 27, 2026, for the FY 2027 cap registration season. The rule text gives it an indefinite duration. |
| How does it work? | Employers must obtain and retain proof of payment before filing a petition for a covered worker abroad. The State Department is directed to verify payment during visa processing. A national-interest exception may be granted. | Registrations receive selection weight based generally on the OEWS wage level corresponding to the job and unique beneficiary. Higher levels receive more weight, but lower-level registrations retain a chance. |
| Who administers it? | The proclamation directs employer documentation and State Department verification; it also provides for DHS national-interest exceptions. | DHS administers the selection rule for the cap registration process. |
The practical distinction is important: paying the amount does not improve a registration’s selection weight, and a higher wage level does not by itself establish whether a worker is covered by the payment restriction. Employers must assess the two rules separately.
Does the new H-1B lottery prioritize higher wages?
Yes. For FY 2027 cap-subject selection, DHS uses a weighted process tied generally to the applicable OEWS wage level. A registration associated with a higher wage level has greater selection weight than one associated with a lower level. This is a change in relative odds, not a simple ranking that automatically selects all higher-paid registrations first or excludes everyone at lower levels.
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The White House’s September 2026 proclamation reported that selections associated with the two highest wage levels accounted for approximately 46.3%, while the lowest wage level accounted for 17.8%. Those are figures reported by the administration; they do not mean a particular applicant has a guaranteed probability of selection. Individual outcomes also depend on the cap process and the relevant registration details.
Who may have to make the $100,000 payment?
The September 18, 2026 White House proclamation renewed the restriction for 12 months after its effective date. Its text concerns specified H-1B workers currently outside the United States and directs employers, before filing a petition for a covered person abroad, to obtain and retain proof that the payment was made. It also directs the State Department to verify receipt during visa processing and addresses people entering or attempting to enter after the proclamation’s effective date.
The proclamation provides for a discretionary national-interest exception. DHS may grant an exception for an individual, workers of a company, or an industry. The restriction is therefore not accurately described as a charge on every H-1B worker, every petition, or every employer. Whether it applies depends on the operative proclamation’s terms and the person’s circumstances.
Does it apply to H-1B renewals or people who already have a visa?
Do not treat the original 2025 guidance as a complete answer to the 2026 renewal. The 2025 proclamation and its FAQ described the initial restriction as applying to covered new petitions submitted after 12:01 a.m. EDT on September 21, 2025; that FAQ said previously issued visas and earlier-filed petitions were not covered by the original action and that renewal fees were not changed. Those statements were tied to the initial proclamation. The September 2026 proclamation is a later action with its own effective period and scope, so its text—not an assumption carried over from 2025—must be checked for a new case.
For a renewal, change of employer, worker already in the United States, or person holding a previously issued visa, the label alone does not settle the answer. Review the current proclamation and official agency guidance for the specific filing and travel circumstances. The supplied official materials do not establish a universal rule that all renewals or current visa holders owe the payment.
What the government says changed—and what those figures do not prove
The September 2026 White House proclamation reported these changes:
- Combined registrations filed by the largest IT staffing and outsourcing firms fell from 24,946 to 2,055, a reported 92% decrease.
- Consular-processing requests fell nearly 97% from FY 2025 to FY 2027 cap seasons.
- Registrants with at least a U.S. master’s degree rose from 45.1% in FY 2026 to 66.1% in FY 2027.
- Recent college-graduate unemployment was reported at 5.7% in June 2026, compared with 5.8% in September 2025; underemployment rose from 41.8% to 42% over those dates.
These are figures published by the White House, not an independent causal analysis. The proclamation argues that the payment restriction and weighted selection together deterred low-wage recruitment and increased access for higher-skilled, higher-paid workers. That is the administration’s interpretation of the reported changes, not a conclusion established by the figures alone.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.How the court ruling fits into the timeline
On June 8, 2026, Associated Press reported that U.S. District Court Judge Leo Sorokin struck down the original $100,000 policy in a case brought by 20 states. AP reported that the judge found the executive branch exceeded its authority and violated the Administrative Procedure Act; the judge’s written conclusion said, “The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress.”
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That ruling concerned the original policy and preceded the September 2026 proclamation renewing the restriction for a new period. The available reporting does not establish the subsequent status of all litigation, including any stay or appeal. Accordingly, the June ruling should not be treated on its own as proof of the present enforceability or invalidity of the later proclamation. Employers and workers facing a filing or travel decision should verify the operative government instructions and court status at that time.
Quick Recap
What applicants and employers should check
- For cap selection: Confirm whether the registration is subject to the FY 2027 weighted rule and identify the job’s relevant wage-level information. Do not treat wage level as a guarantee of selection.
- For payment coverage: Check the current proclamation’s effective date, covered circumstances, and any exception before filing for a worker outside the United States.
- For travel or visa processing: Confirm the entry and verification requirements with current State Department and DHS guidance; do not assume an older visa or FAQ statement resolves a later proclamation.
- For a disputed or time-sensitive case: Check the current court record as well as agency instructions, because the June 2026 ruling concerned the earlier policy and later litigation posture was not established by the cited reporting.
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