H-1B $100,000 Fee Extended to 2027 but Still Blocked by Courts
On September 18, 2026 the President signed a proclamation extending the $100,000 payment requirement for certain new H-1B petitions by 12 months, to September 21, 2027. The fee is still not being collected, because a federal court vacated the policy on June 8, 2026 and the First Circuit refused on July 24, 2026 to put that ruling on hold during the appeal. A separate executive order directs agencies to consider an employer's past and planned layoffs when reviewing H-1B filings.
- Extension signed
- September 18, 2026
- New expiry
- 12:00 a.m. EDT, September 21, 2027
- Fee being collected?
- No, barred by court order (as of September 22, 2026)
- District court ruling
- June 8, 2026, D. Mass. vacated the fee nationwide
- Stay denied
- July 24, 2026, First Circuit
- Conflicting ruling
- D.D.C. upheld the fee in Dec 2025; appeal at the D.C. Circuit
- Also new
- Executive order on layoffs in H-1B adjudications
What happened
The original fee. Presidential Proclamation 10973, signed September 19, 2025, required employers filing new H-1B petitions on or after September 21, 2025 for workers outside the United States to pay an extra $100,000. It was set to last one year.
The court fight.
| Date | Event |
|---|---|
| December 2025 | The US District Court for the District of Columbia upholds the fee in a case brought by the US Chamber of Commerce. That decision is on appeal at the D.C. Circuit. |
| June 8, 2026 | In a lawsuit by 20 states led by California and Massachusetts, the US District Court for the District of Massachusetts vacates the policy in its entirety, nationwide. |
| June 12, 2026 | The Massachusetts court pauses its own order while the government asks the appeals court for a stay. |
| July 24, 2026 | The First Circuit denies the government's request for a stay, finding it had not shown a strong likelihood of winning. The vacatur takes effect and USCIS cannot collect the fee. |
The extension. On Friday, September 18, 2026, the President signed a new proclamation extending Proclamation 10973 for 12 months, until 12:00 a.m. EDT on September 21, 2027. It keeps the same $100,000 amount and the same exemptions. Because of the court order, the extension has no immediate practical effect.
The layoffs order. A separate executive order directs agencies to consider whether an H-1B employer made layoffs in the previous year or plans future layoffs. The Department of Labor is to start reviewing data from previously filed Labor Condition Applications (LCAs) within 30 days.
Who is affected
- Employers filing new H-1B petitions for workers outside the US. For now, they do not have to pay the $100,000.
- Workers selected in the FY2027 lottery, which was the first run under the new wage-weighted selection. See H-1B lottery.
- Employers with recent layoffs, who may face extra questions or delays under the executive order.
The legal question is not settled. The First Circuit will still decide the appeal on the merits, the D.C. Circuit is reviewing the opposite ruling, and the Supreme Court may eventually take the issue.
What to do
- Employers: file H-1B petitions on your normal schedule, but keep records in case a higher court reinstates the fee.
- Expect more scrutiny if your company had layoffs. Keep clear documentation of the H-1B role and wage.
- Workers abroad: avoid making irreversible moves based on the fee's current status alone, since appeals can change it quickly.
- Consider alternatives where they fit, such as the O-1A, L-1A, or for Canadian and Mexican citizens the TN visa. Some H-1B workers are also looking at Canada's options for H-1B holders.
- Talk to a licensed US immigration lawyer before filing.
Follow our H-1B $100k fee status page for updates.
Frequently asked questions
Do employers have to pay the $100,000 H-1B fee right now?
No. As of September 22, 2026, a court order bars agencies from collecting it, even though the proclamation was extended to September 2027.
Why was the proclamation extended if the fee is blocked?
The original proclamation was due to expire in September 2026. The extension keeps it in place in case the government wins its appeals.
Could the fee come back?
Yes. If an appeals court or the Supreme Court rules for the government, the fee could be enforced again.
What does the new executive order on layoffs do?
It tells agencies to consider an employer's past-year and planned layoffs when reviewing H-1B filings, and has the Department of Labor review past LCA data.
Official sources
General information, not legal advice. NorthAmericans.com is independent and not affiliated with any government.