India’s government said on September 20, 2025, that it was studying the implications of the U.S. measure and warned that it could disrupt families. The announced $100,000 payment was not a universal annual charge on all H-1B visa holders: it was tied to certain employer petitions for workers outside the United States. The White House extended the policy in September 2026, but a University of Michigan International Center update dated October 1, 2026, reported that court rulings had blocked the payment from being implemented.
What India said about the measure
In a statement on September 20, 2025, India’s government said it was examining the measure’s full implications, including an initial analysis by Indian industry. It emphasized that skilled-talent mobility and exchanges had contributed to technology development, innovation, economic growth, competitiveness and wealth creation in both countries.
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The statement also pointed to the people-to-people relationship between India and the United States and warned of disruption for families: “This measure is likely to have humanitarian consequences by way of the disruption caused for families.” The government did not quantify how many families might be affected or report a measured humanitarian impact.
Who the original $100,000 payment was meant to cover
President Donald Trump’s September 19, 2025, proclamation directed restrictions on entry for H-1B specialty-occupation workers who were outside the United States unless the employer’s petition was accompanied or supplemented by a $100,000 payment. The White House FAQ said the payment applied to new petitions submitted after 12:01 a.m. Eastern Daylight Time on September 21, 2025, including petitions in the 2026 lottery. The State Department described the restriction as applying to visa issuance or entry based on petitions filed after that cutoff.
That scope matters. The measure was framed around certain employer petitions and workers outside the country—not as a recurring charge on every person who already held an H-1B visa. The proclamation also authorized the Secretary of Homeland Security to grant exceptions for an individual, a company’s workers or an industry on national-interest grounds, including considerations of national security or welfare.
How the policy changed—and what courts did
The presidential proclamations state the administration’s intended policy. Whether agencies could collect the payment changed after court action. The University of Michigan International Center’s October 1, 2026, update reported that a California federal court ruling on September 30 invalidated the payment imposed under the 2025 order and its 2026 extension. The same update said the payment remained blocked following that ruling and a July 2026 decision by the U.S. Court of Appeals for the First Circuit, which had denied the government’s request to pause a Massachusetts court ruling while its appeal proceeded.
| Stage | What was announced or reported | Practical significance |
|---|---|---|
| September 19, 2025: original proclamation | A $100,000 payment tied to certain H-1B petitions for workers outside the United States; discretionary national-interest exceptions were authorized. | The proclamation directed restrictions on entry unless the payment condition was met. |
| September 21, 2025: stated cutoff | The White House FAQ identified new petitions submitted after 12:01 a.m. EDT as covered, including the 2026 lottery. | The cutoff defined which petitions the administration said were subject to the requirement. |
| September 18, 2026: extension | The White House extended the restriction for 12 months beginning September 21, 2026, with national-interest exceptions. | The extension expressed the administration’s policy position; it did not by itself resolve whether agencies could collect the payment. |
| July and September 30, 2026: court rulings | The First Circuit denied a request to pause a Massachusetts ruling; on September 30, a Northern California federal court invalidated the payment, according to the University of Michigan update. | As of the university’s October 1 update, the payment remained blocked despite the White House extension. |
This status can change through further court orders or appeals. The latest located status report is dated October 1, 2026; anyone making decisions about an actual petition should check current USCIS guidance and consult qualified immigration counsel rather than rely on an earlier summary.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Why the issue drew attention in India
The Associated Press reported in 2026 that nearly three-quarters of H-1B approvals went to workers from India. That share helps explain India’s concern, but it does not show how many Indian workers or families would have been affected by this particular payment. The available reporting does not establish a reliable count of affected families, a measured humanitarian impact or how many workers were prevented from entering because of the measure.
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The administration described its policy as a way to curb what it called abuse of the H-1B program and protect U.S. workers. Separately, the Department of Homeland Security finalized a weighted selection process for cap-subject petitions that prioritizes higher-skilled and higher-paid applicants. That selection process is a distinct policy; it is not the $100,000 payment requirement and does not establish the payment’s effects.
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