On September 18, 2026, President Trump signed a proclamation extending the H-1B $100,000 fee for an additional 12 months, through September 21, 2027. The same day, he signed a separate executive order directing federal agencies to coordinate more closely when reviewing H-1B petitions, labor condition applications, and visas, with new attention paid to employers’ recent layoff activity.
It is important to note that the $100,000 fee has remained blocked by a federal court vacatur since June 2026, and the new proclamation reissues the requirement on the same statutory authority a court already found insufficient. If the administration attempts to collect the fee under the reissued proclamation, further court action will be needed for clarity.
The Proclamation
The new proclamation builds on Proclamation 10973, issued September 19, 2025, which restricted entry for H-1B specialty occupation workers unless their petition was accompanied by a $100,000 payment, subject to narrow national interest exceptions explained through further USCIS guidance. The extension keeps the substance of the 2025 policy intact. Entry remains restricted for H-1B specialty occupation workers abroad unless their employer has made the $100,000 payment, and the secretary of Homeland Security retains discretion to grant exceptions for individual workers, employers or industries found to be in the national interest. The proclamation took effect at 12:01 a.m. ET on September 21, 2026, the day the original proclamation was set to expire, and runs through September 21, 2027, absent a further extension.
The $100,000 fee has been the subject of ongoing litigation. As CUPA-HR reported over the summer, a federal district court in Massachusetts vacated the fee requirement in June 2026, and in July, the 1st U.S. Circuit Court of Appeals declined to stay that ruling while the government’s appeal proceeds. The new proclamation does not address that litigation directly; it only reissues the restriction on its original terms and extends the timeline. That said, the renewed proclamation should be subject to the existing court order blocking the enforcement of Proclamation 10973.
The New Executive Order
The companion executive order, “Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program,” focuses less on cost and more on how petitions get reviewed. Specifically, the order directs the departments of State, Labor, and Homeland Security to coordinate with other agencies when processing H-1B petitions, labor condition applications (LCAs), and visas to consider wage, employment, academic, and industry data. It also states that the departments must factor whether a sponsoring employer has conducted or plans to conduct layoffs that negatively affect U.S. workers. The Department of Labor’s Wage and Hour Division is also provided 30 days to review previously filed LCAs to determine whether further action is warranted against sponsoring employers. Finally, the order gives authority to the secretaries of State, Commerce, Labor, and Homeland Security to issue or adopt rules, policies, operational guidance, or other guidance to carry out the order.
Looking Ahead
CUPA-HR will continue to monitor agency guidance implementing both actions and the status of litigation challenging the $100,000 fee, and will update members as developments occur.