A September 2026 presidential proclamation says the Trump administration is extending its $100,000 H-1B payment restriction through September 21, 2027. But a federal judge reportedly struck down the earlier fee in June 2026, and the available information does not establish how that ruling affects the extension or whether agencies are currently collecting the payment. The policy’s present legal and operational status is therefore unresolved.
What does the $100,000 H-1B payment cover?
The original restriction, announced in a September 19, 2025 presidential proclamation, concerns entry into the United States by certain H-1B specialty-occupation workers. It says entry is restricted unless the relevant petition is accompanied or supplemented by a $100,000 payment. The proclamation allows an exception if the Secretary of Homeland Security determines that hiring the worker is in the national interest and does not threaten U.S. security or welfare. Read the September 2025 proclamation.
The White House’s FAQ, published September 21, 2025, described the original rule as applying to new H-1B petitions submitted after 12:01 a.m. EDT that day, including petitions connected to the 2026 lottery. It characterized the payment as a one-time charge for a new petition. That FAQ describes the original policy; it does not settle how the later extension interacts with the court ruling. Read the White House FAQ.
What the 2026 extension says
Proclamation 11069, dated September 18, 2026 and published in the Federal Register on September 23, says the restriction is extended for another 12 months, until 12:00 a.m. EDT on September 21, 2027. Its operative section restates the entry restriction and payment requirement, subject to exceptions. Read the Federal Register text.
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| Policy document | What it says | Important qualification |
|---|---|---|
| September 2025 proclamation and FAQ | The restriction was described as covering new petitions submitted after 12:01 a.m. EDT on September 21, 2025, with a one-time payment for a new petition. | This is the original policy description, not a determination of current collection or legal status. |
| September 2026 proclamation | Purports to extend the restriction through September 21, 2027, and restates the payment requirement and exception. | A federal judge had reportedly struck down the earlier fee in June 2026; the effect of that ruling on this later proclamation is not established by the available sources. |
The payment is attached to a covered petition in the policy language. The cited materials do not establish, for every case, who ultimately bears the cost under employment or immigration arrangements.
What does the court ruling mean for the fee now?
The Associated Press reported that on June 8, 2026, a Massachusetts federal judge struck down the earlier $100,000 fee, concluding that the administration had exceeded its authority. The September 2026 proclamation later says the restriction is extended, but the materials available here do not resolve the judgment’s reach, whether there was an appeal or a later court order, or whether agencies are collecting payments under the extension. Read the Associated Press report on the ruling.
For that reason, the proclamation’s stated end date should not be treated as proof that the fee is currently being collected or enforceable. Anyone making a filing, hiring, or travel decision should confirm the current position with the relevant U.S. immigration agency and a qualified immigration lawyer.
What about current visa holders, renewals, travel, transfers, or status changes?
The 2025 White House FAQ said the original policy did not apply to H-1B visas issued before its cutoff or petitions submitted before that time, and said it did not prevent current visa holders from traveling. Those statements describe the original policy only. The sources do not establish how the September 2026 extension and June 2026 court ruling affect these situations today.
- Previously issued visa or earlier petition: The original FAQ described these as outside the initial payment requirement if issued or submitted before the 2025 cutoff. It does not resolve their treatment under the later legal developments.
- Renewal or change of employer: The available sources do not give a definitive current answer about whether a particular renewal, transfer, or new employer petition is covered. The outcome may depend on the petition and the operative agency guidance.
- Travel or change of status: The FAQ’s statement that the original rule did not prevent current visa holders from traveling is not enough to determine the present effect of the extension or litigation, or how a specific change-of-status case is treated.
Do not assume that a “transfer,” renewal, or travel plan is exempt—or subject to the payment—based only on the original FAQ. The documents cited here leave those current case-specific questions open.
What figures did the administration cite?
The 2026 Federal Register proclamation reports changes in H-1B registrations and processing. These are figures presented by the Trump administration, not independent findings that isolate the effect of the $100,000 payment:
- The administration said more than 700 petitions had been submitted with the payment since the 2025 proclamation.
- It reported that registrations by the largest IT staffing and outsourcing firms fell from 24,946 to 2,055, a 92% decrease, in its FY 2026-to-FY 2027 comparison.
- It said requests for consular processing fell nearly 97% between the FY 2025 and FY 2027 cap seasons.
- It reported that registrants with at least a U.S. master’s degree rose from 45.1% in FY 2026 to 66.1% in FY 2027.
- For FY 2027, it said selections at the two highest wage levels accounted for about 46.3%, while the lowest wage level accounted for 17.8%.
The proclamation also describes a weighted selection rule finalized on December 29, 2025, which it says was in effect for the FY 2027 cap season, and a Department of Labor wage-protection proposal published March 27, 2026. Because it discusses these measures alongside the payment restriction, the figures do not show that the payment alone caused the reported changes. See the proclamation’s account of the figures and other policy changes.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Did the H-1B program “launch” Elon Musk and Instagram?
The policy documents and other sources cited for this article do not substantiate the headline’s claim that the H-1B program launched Elon Musk and Instagram. That phrase should not be read as an established historical finding. The verified subject here is the payment restriction and its uncertain legal status, not the personal or corporate histories behind that wording.
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