President Trump signed a new proclamation on September 18, 2026. It extends the $100,000 H-1B fee for another full year. The White House published the proclamation in the Federal Register on September 23. Employers who assumed this fee died in court should think again. The fee lives on paper. It just isn’t collectable yet.
What the New Proclamation Actually Does
Proclamation 11069 extends the original September 2025 fee policy by another 12 months. The new restriction takes effect at 12:01 a.m. on September 21, 2026. It runs through September 21, 2027. The fee applies to new H-1B petitions filed for workers currently outside the United States. Extensions, amendments, and status changes for workers already here stay exempt. Our H-1B Visa team is already fielding calls from employers unsure which filings this actually touches.
The Fee Remains Blocked in Court
A federal court already struck this fee down once, on June 8, 2026, in California v. Mullin. The First Circuit Court of Appeals then denied the government’s request to pause that ruling on July 24. USCIS has stated it will follow the court’s order, and employers don’t owe the fee right now. An appeal is still pending, so nothing here is final. Companies considering new sponsorships through our Employment Immigration practice should keep an eye on this.
A Companion Executive Order Adds More Scrutiny
Trump signed a second order the same day, and it changes more than the fee alone. It directs the State Department, Labor Department, and DHS to coordinate on H-1B matters. Commerce, Education, and the Small Business Administration also join that effort. Officers must now weigh an employer’s layoffs when reviewing petitions. That includes layoffs from the past year and any planned ones ahead. The order also pushes the Department of Labor’s Wage and Hour Division to act. It must begin reviewing previously submitted labor condition applications within 30 days. Employers sponsoring workers through our Work Visa practice should expect closer questions about recent staffing changes.
What Employers and Workers Should Do Now
Don’t pay a fee that a court has already blocked. Keep filing under the current court-ordered framework, with ordinary fees and eligibility rules. That said, don’t ignore the bigger picture either. Document why each sponsored role exists, including whether it fills a new position or a vacant one. Keep records of any recent layoffs and how they relate to the timing of your filings. Preserve accurate wage, worksite, and job-duty information for every petition. These records matter more now that Wage and Hour Division reviews are starting. Our Immigration Lawyer team can help you build that record before an inquiry ever arrives.
Why This Keeps Happening
Litigation over this fee isn’t close to over. The administration keeps renewing the policy while its appeal works through the courts. A future ruling could reverse the current block just as quickly as it appeared. Waiting for total certainty could mean planning around outdated information. That’s the real risk here, not the $100,000 figure itself. Reach out to our team if a pending or planned H-1B filing depends on how this plays out.
How Our Firm Can Help
Rules like this reward employers who plan ahead of the headlines, not after them. Our attorneys track H-1B litigation and policy changes daily, and we translate each development into guidance you can actually use. Whether you’re sponsoring a new hire or managing a current employee, timing matter more than ever. Book a consultation with The Law Office of Olena Manilich today. Let’s map out your filing strategy under the current rules.
