The H-1B $100000 fee extension has entered a new phase after President Donald Trump issued a proclamation extending the controversial payment requirement for another 12 months, through September 21, 2027.
The September 18, 2026 proclamation continues the restriction on certain H-1B workers seeking admission to the United States from outside the country. However, the H-1B $100000 fee extension comes while the underlying fee policy remains subject to federal court litigation. The First Circuit previously refused the government’s request to stay a district court ruling that vacated the implementation of the original fee.
That creates an unusual situation for employers and foreign professionals: the administration has formally extended the policy, but the $100,000 payment is not currently being collected under the existing court orders.
What Is the H-1B $100000 Fee Extension?
The H-1B $100000 fee extension continues the restrictions first introduced through a September 2025 presidential proclamation.
Under the new proclamation, which takes effect at 12:01 a.m. Eastern Daylight Time on September 21, 2026, the entry of certain H-1B specialty-occupation workers who are outside the United States is restricted unless the petition is accompanied or supplemented by a $100,000 payment.
The extension is scheduled to remain in effect until September 21, 2027, unless it is extended again or otherwise changed.
The proclamation specifically addresses workers who need to seek admission to the United States through consular processing, a port of entry, pre-flight inspection or pre-clearance.
It also allows the Secretary of Homeland Security to make national-interest exceptions for individual workers, companies or entire industries.
Key details at a glance
| Item | Details |
|---|---|
| Fee | $100,000 |
| New extension announced | September 18, 2026 |
| Effective date | September 21, 2026 |
| Extended through | September 21, 2027 |
| Primarily concerns | Certain H-1B workers outside the U.S. |
| Current collection status | Blocked under existing court litigation |
| Separate proposed fee | $103,265 |
| Proposed fee applies to | H-1B cap-subject petitions |
Court Ruling Keeps the $100,000 Fee Blocked
The biggest complication surrounding the H-1B $100000 fee extension is its legal status.
In June 2026, the U.S. District Court for the District of Massachusetts vacated the government actions implementing the original $100,000 payment requirement. The federal government appealed the decision.
On July 24, 2026, the U.S. Court of Appeals for the First Circuit denied the government’s request to stay the district court’s order while the appeal proceeded. The case, State of California v. Mullin, was brought by a group of 20 states.
Immigration lawyers subsequently reported that USCIS would comply with the First Circuit’s decision and would not collect the $100,000 fee.
Fragomen’s analysis of the new H-1B $100000 fee extension says the existing court order should continue to prevent USCIS from collecting the payment because the new proclamation extends the previous framework. Fragomen also noted that if the government takes the position that the new proclamation falls outside the existing court order, the plaintiffs could challenge that interpretation.
Therefore, the practical status as of September 20, 2026 is important: the administration has extended the policy on paper, but the $100,000 fee is not currently being collected under the existing court ruling.
White House Says H-1B Filings Have Fallen Sharply
The White House is using filing data to justify the H-1B $100000 fee extension.
According to the September 18 proclamation, more than 700 petitions have had the $100,000 payment submitted since the original policy began in September 2025.
The administration also reported a dramatic decline in H-1B registrations from large IT staffing and outsourcing companies.
According to the White House:
- Combined registrations from the largest IT staffing and outsourcing companies fell from 24,946 to 2,055.
- That represents a reported 92% decrease.
- Consular-processing requests declined by nearly 97% between the FY2025 and FY2027 cap seasons.
- The share of FY2027 registrants with at least a U.S. master’s degree increased from 45.1% to 66.1%.
- Jobs associated with the two highest wage levels accounted for approximately 46.3% of FY2027 H-1B registration selections.
- Jobs associated with the lowest wage level accounted for approximately 17.8%.
These figures are administration-reported measurements and describe changes that the White House attributes to its H-1B policies.
A Separate $103,265 H-1B Fee Proposal
The H-1B $100000 fee extension is not the only major cost change facing employers.
On August 25, 2026, DHS published a proposed rule that would create a separate $103,265 fee for H-1B cap-subject petitions, including petitions eligible for the advanced-degree exemption.
The proposed payment would be in addition to other applicable fees and, if the proclamation payment were also legally enforceable, could theoretically apply alongside the $100,000 payment.
DHS estimates that approximately 85,000 cap-subject petitions could be filed annually and projects roughly $8.78 billion in annual revenue from the proposed fee.
The proposal is currently not a final fee. Public comments are due September 24, 2026.
This distinction is critical for employers. The $103,265 amount is a proposed regulatory fee, while the H-1B $100,000 fee extension comes from a presidential proclamation.
Could Employers Face More Than $200,000?
The possibility of cumulative costs has become one of the biggest concerns surrounding the H-1B $100000 fee extension.
If the $103,265 proposed rule were finalized and the $100,000 proclamation payment were ultimately restored through further court action, an affected cap-subject petition could potentially face:
$103,265 + $100,000 = $203,265
That figure would be before other applicable H-1B filing costs.
However, this is a potential scenario, not a current requirement. The $103,265 fee is still proposed, while the $100,000 payment is currently blocked from collection.
The Federal Register proposal itself says the $103,265 fee would be separate from the proclamation payment and could be collected alongside it if the proclamation payment becomes enforceable again.
Why Indian H-1B Professionals Are Watching Closely
The H-1B $100000 fee extension is particularly significant for Indian professionals because India-born beneficiaries account for a large share of H-1B approvals.
USCIS data for fiscal year 2025 shows that India-born beneficiaries accounted for 57,747 of 114,806 H-1B petitions approved for initial employment, or 50.3%.
The concentration was even higher for continuing employment. India-born beneficiaries represented 226,359 of 291,542 continuing-employment approvals, equivalent to 77.6%.
At the same time, Indian IT companies have become less dominant among the largest sponsors of new H-1B workers.
Research from the National Foundation for American Policy found that only three Indian-based companies appeared among the top 25 employers for approved H-1B petitions for initial employment in FY2025. The seven largest Indian-based companies combined had 4,573 approved initial-employment petitions, down 70% from FY2015 and 37% from FY2024.
This means the Indian connection to the H-1B program is increasingly visible through the overall workforce rather than simply through Indian outsourcing companies.
Who Is Directly Targeted by the Extended Policy?
The H-1B $100000 fee extension is focused on certain H-1B workers who are outside the United States and need admission to begin H-1B employment.
The new proclamation specifically says the restriction applies to individuals who must seek admission to the United States to effectuate approval of covered H-1B petitions.
This is different from saying that every H-1B worker or every H-1B petition is subject to a $100,000 payment.
Existing H-1B workers, extensions and changes of status have been treated differently under the original framework, and the precise application of the new proclamation will depend on the final implementation and any applicable court orders.
Employers should therefore distinguish between:
- New workers abroad;
- Existing H-1B workers inside the U.S.;
- H-1B extensions;
- Change-of-status cases;
- Cap-subject petitions; and
- Cases requiring consular processing.
What Happens Next?
The H-1B $100000 fee extension now places the administration’s immigration strategy alongside an unresolved federal court battle.
Several developments will matter in the coming months:
- The First Circuit litigation: The government’s appeal of the district court ruling remains important to the legal status of the original fee policy.
- Implementation of the new proclamation: Lawyers may challenge the government’s interpretation if it attempts to collect the $100,000 payment under the extended proclamation.
- The $103,265 proposed rule: DHS is accepting public comments until September 24, 2026.
- Further H-1B rulemaking: The administration has also directed agencies to pursue broader changes to H-1B program administration.
- Employer planning: Companies recruiting workers from overseas will need to monitor both litigation and regulatory developments before determining the cost and feasibility of future H-1B sponsorship.
H-1B Fee Changes: What Indian Applicants Should Know
For Indian professionals, the H-1B $100000 fee extension does not mean that every Indian H-1B worker must personally pay $100,000.
The proclamation places the payment obligation on the employer/petition process for covered workers. The policy also contains national-interest exceptions and applies to a defined category of H-1B admissions rather than every person currently holding H-1B status.
The more immediate issue is uncertainty.
Employers considering an overseas H-1B hire must now account for the possibility of significant additional costs, while existing H-1B workers and prospective applicants must distinguish between the presidential proclamation, the court ruling and the separate $103,265 proposed regulation.
FAQs : H-1B $100000 Fee Extension
What is the H-1B $100000 fee extension?
The H-1B $100000 fee extension is the September 18, 2026 presidential proclamation extending the previous H-1B entry restriction and associated $100,000 payment requirement through September 21, 2027.
Is the $100,000 H-1B fee currently being collected?
As of September 20, 2026, the payment remains blocked under the existing court litigation. The First Circuit denied the government’s request to stay the district court ruling, and USCIS has said it would comply with that order.
Does the new proclamation automatically override the court ruling?
Not necessarily. The H-1B $100000 fee extension is an extension of the earlier proclamation, and immigration attorneys have argued that the existing court order should therefore continue to block collection. If the government takes a different position, additional litigation could follow.
What is the proposed $103,265 H-1B fee?
DHS has proposed a separate $103,265 fee for H-1B cap-subject petitions, including cases eligible for the advanced-degree exemption. The proposal is still undergoing the rulemaking process.
Could the two fees total more than $200,000?
Potentially, but only under a future scenario in which both measures become enforceable for the same petition. The combined amount would be $203,265 before other applicable fees. The H-1B $100000 fee extension is currently blocked, while the $103,265 charge remains a proposal.
How heavily are Indian professionals represented in H-1B employment?
In FY2025, India-born beneficiaries accounted for 50.3% of approved H-1B petitions for initial employment and 77.6% of approved petitions for continuing employment, according to USCIS data cited in reporting on the agency’s figures.
Final Takeaway On H-1B $100000 Fee Extension
The H-1B $100000 fee extension keeps the administration’s controversial immigration policy on the books through September 21, 2027, but it does not currently mean that employers must immediately pay $100,000 for every covered H-1B petition.
The legal situation remains central. The original fee policy was vacated by a federal district court, the First Circuit declined to stay that ruling, and immigration attorneys say USCIS remains barred from collecting the payment.
At the same time, DHS has proposed a separate $103,265 fee for cap-subject H-1B petitions. If both policies were eventually enforced for the same case, the potential combined payment could exceed $200,000.
For Indian technology professionals and U.S. employers, the key issue is therefore not simply the headline $100,000 figure. It is how the courts, USCIS and DHS ultimately determine the interaction between the extended proclamation, existing court orders and the separate fee rule.
Source : The Times Of India
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