Short answer: on September 18, 2026, President Trump extended the H-1B $100,000 fee by proclamation. The new period runs from September 21, 2026 to September 21, 2027. A separate executive order signed the same day directs agencies to weigh employer layoffs in H-1B filings.
However, a federal court in Massachusetts vacated the agency actions implementing the payment in June 2026, and that ruling is still in place. So it is not yet clear whether USCIS will actually collect the fee under the extension. Separately, comments on a proposed $103,265 H-1B fee close on September 24, 2026.
What you will find in this article
- How the new proclamation differs from the 2025 version
- The executive order linking layoffs to H-1B filings
- Where fee collection stands today
- How to comment on the $103,265 proposal
- Practical steps for workers abroad and new petitions
- Alternatives such as O-1, L-1, E-2, and EB-2 NIW
Quick overview
| Question | Short answer |
|---|---|
| What was extended? | Proclamation 10973, through September 21, 2027. |
| Is the fee collected today? | A court vacatur remains in effect. Its effect on the extension is not yet clear. |
| Who is covered? | Mainly workers abroad who must seek admission on an approved petition. |
| What does the new order do? | Adds layoff review at the LCA, petition, visa, and entry stages. |
| What is the $103,265 fee? | A proposed additional fee on all cap-subject H-1B petitions. |
| When do comments close? | September 24, 2026, before midnight Eastern time. |
What changed for the H-1B $100,000 fee on September 18?
The President signed two documents that day: a proclamation extending the entry restriction and an executive order tightening H-1B review.
The proclamation: the H-1B $100,000 fee gets 12 more months
The new text continues Proclamation 10973 of September 19, 2025. Entry of H-1B workers whose petitions lack the $100,000 payment remains restricted. The restriction took effect at 12:01 a.m. Eastern Daylight Time on September 21, 2026 and lasts 12 months unless extended.
Section 3 adds a new sentence. The restriction now expressly covers people who must seek admission to act on an approved petition, including through consular notification, port-of-entry notification, pre-flight inspection, or pre-clearance. The 2025 text had no such language, although USCIS drew a similar line in its H-1B guidance.
The national interest exception for individuals, companies, or industries remains. Under USCIS’s 2025 guidance, however, such exceptions are extraordinarily rare.
The proclamation cites these figures:
| Indicator | Figure in the proclamation |
|---|---|
| Petitions filed with the $100,000 payment | More than 700 |
| Registrations by the largest IT staffing and outsourcing firms | 24,946 down to 2,055, a 92% drop |
| Consular processing requests | Nearly 97% lower, FY 2025 to FY 2027 cap seasons |
| Registrants with at least a U.S. master’s degree | 45.1% in FY 2026, 66.1% in FY 2027 |
The executive order: layoffs become part of the file
The order instructs the Departments of State, Labor, and Homeland Security to weigh a new factor at the LCA, petition, visa, and entry stages. Did the employer directly or indirectly lay off similarly situated U.S. workers in the past year, or does it plan to?
Within 30 days, the Labor Department’s Wage and Hour Division will also start reviewing previously filed LCAs. The agencies will draw added data from Commerce, Education, and the Small Business Administration.
This review applies regardless of the $100,000 payment. According to Ogletree, it may reach all H-1B employers, not only H-1B-dependent ones. The agencies have not issued implementing guidance yet.
Is USCIS collecting the H-1B $100,000 fee today?
Short answer: as of September 21, the most current information we found indicates USCIS is not requiring the fee. However, USCIS has not issued a new statement on the extended proclamation, so the situation is not settled.
Here is where the litigation stands:
- Massachusetts (California v. Mullin): On June 8, 2026, Judge Leo Sorokin vacated the implementing actions in their entirety. The court found the payment is effectively a tax.
- First Circuit: The court denied the government’s stay request on July 24, 2026.
- USCIS position: The agency said it will comply but still plans to collect the payment if a court lifts the order.
- D.C. (Chamber of Commerce v. DHS): In December 2025, Judge Beryl Howell upheld the payment. The D.C. Circuit expedited the appeal. As of our check date, we found no published appellate decision.
After the extension, Fragomen noted that USCIS remains barred from collecting the payment and that the same order should block the extended policy too. The firm also warns of possible confusion if the government takes a different position.
In practice, even if the H-1B $100,000 fee is not required today, that could change quickly if a higher court reverses the vacatur. It is unclear how USCIS would treat petitions filed without it in the meantime.
How the $103,265 proposal differs from the H-1B $100,000 fee
This is separate from the proclamation. On August 25, 2026, DHS proposed a $103,265 fee on all cap-subject H-1B petitions, including master’s cap cases. It would be due at filing.
Four points stand out:
- Additional, not replacement: An employer subject to both the proclamation payment and this fee would pay both.
- No location limit: The proclamation mainly affects workers abroad. The proposal draws no such line.
- Cap-exempt filings excluded: Universities and nonprofit research organizations would not pay it.
- Not yet in effect: It could apply only after DHS publishes a final rule.
When it first came out, we looked at what the proposal meant for the $100,000 H-1B payment. Since then, the new proclamation has extended the payment itself to 2027.
How to comment by September 24
DHS accepts comments only through regulations.gov. DHS will not consider comments sent by email, mail, or hand delivery.
- Search regulations.gov for docket USCIS-2026-0298, or open the comment page directly.
- Write in English, or attach an English translation.
- Name the part of the proposal you are addressing, explain why, and add data where you can.
- Limit personal and business details. Regulations.gov posts comments publicly.
- Submit before midnight Eastern time on September 24. Do not wait for the last hour.
The most useful employer comments rest on data such as company size, filing volume, and effects on hiring. According to Federal Register data, the docket held more than 10,000 comments as of September 21.
What should workers abroad and new petitioners do now?
Turkish-owned U.S. companies often hire from Turkey through consular notification, which puts them at the center of the proclamation.
For employers preparing new petitions:
- Decide early whether the case will seek a change of status in the United States or consular notification. Under the 2025 approach, approved in-country changes of status and extensions were exempt.
- Budget for the payment’s possible return. Under the 2025 approach, employers paid it through pay.gov before filing.
- Review past-year layoffs and planned reductions. If you cut similar roles, document the difference now.
- Make sure duties, wage, and worksite match across the LCA and petition.
For workers abroad waiting for visa stamping:
- The 2025 approach did not affect currently valid H-1B visas. New agency guidance will show whether that changes.
- Because the order reaches the visa and entry stages, expect questions about employer layoffs. Ask for an updated support letter.
- Keep appointments and travel plans flexible in case the litigation shifts.
Other costs are shifting too. The 9-11 fee applies to employers with 50 or more U.S. employees, over half of them in H-1B or L-1 status, and now covers extensions. DHS has also proposed ending the 60-day grace period for workers who lose their jobs, and comments remain open until November 10, 2026. Cap selection now runs through a salary-weighted H-1B lottery.
Alternatives to the H-1B $100,000 fee: O-1, L-1, E-2, and EB-2 NIW
The proclamation and the order target only H-1B. While uncertainty over the H-1B $100,000 fee continues, other options deserve a look.
| Status | Who it fits | What to watch |
|---|---|---|
| O-1 | Professionals with extraordinary ability in their field | No cap or lottery, but a high evidence bar |
| L-1 | Managers and specialists with one continuous year at a related company abroad in the last three | Corporate ties must be documented; some employers owe the 9-11 fee |
| E-2 employee | Turkish nationals joining a Turkish-owned E-2 company | Executive, supervisory, or essential-skills role required |
| EB-2 NIW | Highly qualified professionals whose work serves the national interest | No employer sponsor, but a longer process |
Employers with a Turkish parent company can consider an L-1 intracompany transfer. Turkish nationals should check which employees an E-2 company can bring. Senior professionals can explore the O-1 extraordinary ability visa. Software engineers without publications can look at an EB-2 NIW built on industry work.
Common mistakes about the H-1B $100,000 fee
- Assuming the fee is definitely due today because the President extended the proclamation
- Relying on the court order and never planning for the payment’s return
- Treating the $103,265 proposal as a fee already in effect
- Confusing the proclamation payment with the proposed fee
- Treating last year’s layoffs as irrelevant to the H-1B file
- Sending a comment by email or without an English translation
Short checklist
- Is my employee in the United States or abroad, and how will the petition proceed?
- If the payment returns, are my budget and timeline ready?
- Did I lay off, or do I plan to lay off, workers in similar roles?
- Do the wage, duties, and worksite match in the LCA and petition?
- Will I comment on the $103,265 proposal before September 24?
- Is O-1, L-1, E-2, or EB-2 NIW a realistic alternative?
Frequently asked questions
Is the H-1B $100,000 fee required right now?
The Massachusetts vacatur remains in effect, and USCIS has said it will comply. There is no new statement on the extended proclamation, so this is not settled.
Does the H-1B $100,000 fee apply to F-1 students?
Under the 2025 approach, approved in-country changes of status were exempt. The payment could apply if USCIS denied the change of status or the person left before a decision. The $103,265 proposal makes no such distinction.
When would the $103,265 fee take effect?
That is not known. It could apply only if DHS publishes a final rule after the comment period.
Should I comment as a company or as an individual?
Either works. Comments backed by data tend to be the most useful to the agency. All comments are public.
If we had layoffs, will USCIS deny our H-1B petition?
The order does not create an automatic denial rule. It asks agencies to take layoffs into account. Forthcoming guidance will show how.
Should I switch from H-1B to another visa right away?
It depends on the worker’s profile and the employer’s structure. Each option has different requirements, so assess the case first.
Conclusion: the H-1B $100,000 fee remains uncertain, but the calendar is moving
The H-1B $100,000 fee now runs to 2027, but whether USCIS collects it depends on the courts. Meanwhile, the new order makes layoff history part of H-1B review, regardless of the payment. The nearest firm date is September 24, and employers who want to weigh in on the $103,265 proposal have only a few days left.
To review your H-1B plans, employees abroad, or alternative options, contact Clinch Law.
Legal information notice
This article provides general information only. It does not create legal advice, an attorney-client relationship, or a guarantee of any outcome. Litigation over the H-1B payment is ongoing, and agency practice can change quickly. Each case depends on its own facts. Legal information checked on: September 21, 2026.
