Not to every H-1B visa holder or applicant. On September 18, 2026, President Donald Trump extended for 12 months a restriction that requires a $100,000 payment for certain H-1B workers outside the United States who seek to enter. It took effect at 12:01 a.m. Eastern Daylight Time on September 21, 2026. A separate executive order issued the same day directs agencies to consider employers’ layoffs of similarly situated U.S. workers; that is a distinct action, not part of the payment.
Who has to pay the $100,000 H-1B payment?
The renewed restriction concerns H-1B specialty-occupation workers who are outside the United States and enter, or attempt to enter, after the effective date. The proclamation directs the Department of Homeland Security (DHS) to restrict decisions on petitions for covered workers unless the petition is accompanied or supplemented by the payment, subject to an exception.
It also covers admission needed to effectuate petition approval through consular notification, port-of-entry notification, pre-flight inspection, or pre-clearance. Employers are instructed to obtain and retain proof of payment before filing a covered petition. The State Department is directed to verify payment during visa processing.
This is not a blanket charge on every H-1B applicant, existing visa holder, or renewal. Whether a particular worker or petition is covered depends on the circumstances and the proclamation’s terms; workers and employers should check official government guidance or consult qualified immigration counsel.
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Does the rule apply to H-1B renewals or existing visas?
The White House’s 2025 FAQ, addressing the original restriction, said previously issued H-1B visas and petitions filed before the original effective time were outside that rule. It also said renewals’ existing fees were unchanged and described the $100,000 payment as a one-time payment on a new petition. The FAQ stated: “This Proclamation does not apply to any previously issued H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on September 21, 2025.” Those statements are dated 2025 guidance, not a newly issued 2026 FAQ. The restriction was extended in September 2026, so people should not assume the old FAQ resolves every current filing or travel situation. Read the White House’s 2025 FAQ.
How long is the restriction in effect?
The September 18, 2026 proclamation made the renewed restriction effective at 12:01 a.m. Eastern Daylight Time on September 21, 2026. It says the restriction expires 12 months after that effective date unless extended again. In the proclamation’s words: “This restriction shall expire, absent extension, 12 months after the effective date of this proclamation, which shall be 12:01 a.m. eastern daylight time on September 21, 2026.” Read the proclamation.
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Can DHS exempt a worker or employer?
Yes. The proclamation gives the DHS Secretary discretion to exempt an individual, all workers at a company, or all workers in an industry if the Secretary determines that hiring those workers is in the national interest and does not threaten U.S. security or welfare. This is a discretionary exception, not an automatic waiver. See the proclamation’s exception.
What is the separate order about employer layoffs?
A separate executive order, also signed on September 18, 2026, directs the Secretaries of State, Labor, and Homeland Security to consider whether an employer sponsor directly or indirectly laid off similarly situated U.S. workers during the prior year, or plans future layoffs. The order says this factor is to be considered in labor condition applications, petitions, visas, and entry. It does not make layoffs part of the $100,000 payment requirement. Read the separate executive order.
What effects does the White House say the policy has had?
The White House reported changes in H-1B registrations and processing for the FY 2027 cap season. These are administration-reported figures, not independently verified findings, and the proclamation attributes reported registration effects to the combined payment requirement and weighted selection process—not to the payment alone.
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- The White House reported that registrations from the largest IT staffing and outsourcing firms fell 92%, from 24,946 to 2,055.
- It reported nearly 97% fewer consular-processing requests from the FY 2025 to FY 2027 cap seasons.
- It reported that beneficiaries with at least a U.S. master’s degree rose from 45.1% of registrants for FY 2026 to 66.1% for FY 2027.
- It reported that selections for job offers at the two highest wage levels accounted for about 46.3%, compared with 17.8% at the lowest wage level.
See the White House’s 2026 fact sheet.
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