Reference · Permanent residence and policy

H-1B $100K Proclamation: Who Pays, Current Status

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Review scope and corrections

This review reads the extension proclamation and the First Circuit’s July 24 order. It distinguishes their dated effects from later litigation, collection, and travel guidance.

Replaced an unverified current no-collection claim with the dated court order and an explicit current-guidance limit. Separated proposals from operative rules.

The current USCIS FAQ is unavailable. This review does not establish later court proceedings, current collection, travel eligibility, or a petition-specific payment exemption.

The September 19, 2025 proclamation restricts entry of certain H-1B workers and sets a separate $100,000 payment requirement, with specified exceptions. A court vacated the implementing guidance in 2026. The September 18, 2026 proclamation states an extension until September 21, 2027. This guide separates the proclamation text, dated court status, and current implementation questions that this review cannot verify.[1][2][3]
Collection status
Check current guidance
Proclamation amount
$100,000
Applies to
Specified outside-U.S. cases
Stated extension date
Sep 21, 2027

Authorities reviewed October 12, 2026

What the dated authorities establish

Each effect below carries the authority it rests on. This section is the page's answer; the timeline is the history.

Collection status
On July 24, 2026, the First Circuit denied a stay of the June 8 judgment that vacated the implementing policy. That order establishes the status on that date. This review cannot verify later collection or litigation changes because the current USCIS guidance is unavailable. Check the current agency guidance and court orders before relying on a payment exemption.
First Circuit order, No. 26-1699, July 24, 2026.
If collected, who pays
The proclamations set the payment for covered petitions concerning workers outside the U.S., with specified national-interest exceptions. This review cannot verify the current implementing guidance or whether a particular renewal, extension, or other petition must include the payment. Check current agency guidance and court orders for the petition’s circumstances.
Proclamations of Sep 19, 2025 and Sep 18, 2026, sections 1–3.
Current visa holders
This review cannot verify current travel guidance under the proclamation. A visa does not guarantee admission. Travel and continued work require the applicable documents, admission eligibility, and work authorization; an earlier FAQ cannot settle those current questions.[4][5][6]
8 USC 1201(h); 8 CFR 235.1 and 214.2(h).
Rulemaking to watch
The weighted-selection final rule takes effect February 27, 2026. DOL publishes its wage-level revision as a proposed rule on March 27, 2026. DHS publishes its $103,265 cap-subject fee as a proposal on August 25, 2026. Those proposal documents do not establish a final requirement; check later rulemaking before relying on their status.[7][8][9]
Federal Register 2025-23853 (effective Feb 27, 2026); 2026-06017; 2026-17324.

Authorities reviewed as of October 12, 2026

Timeline

How it got here

  1. Sep 19, 2025: Signed

    President Trump signs the proclamation “Restriction on Entry of Certain Nonimmigrant Workers.”

  2. Sep 21, 2025: Effective

    The proclamation takes effect at 12:01 a.m. EDT. It restricts covered H-1B entry and sets a $100,000 payment requirement for covered petitions. Its operative provisions concern workers outside the U.S. and include national-interest exceptions.

  3. Jul 24, 2026: Stay denied

    The First Circuit denies a stay of the June 8 judgment that vacates implementing agency actions. This is a dated order; it does not establish the outcome of later proceedings.

  4. Aug 25, 2026: Rulemaking

    DHS proposes a $103,265 fee for cap-subject H-1B petitions. A proposed rule does not itself impose the fee.

  5. Sep 18, 2026: Extended

    The President signs Proclamation 11069 continuing the restrictions. Its preamble states an expiry of 12:00 a.m. EDT on September 21, 2027; section 1(a) provides the effective date and 12-month term.

  6. Sep 21, 2026: Extension effective

    Section 1(a) of the extension proclamation specifies an effective time of 12:01 a.m. EDT on September 21, 2026. The dated proclamation does not establish the later status of collection or litigation.

What it does not change

What it does not change

The proclamation payment is separate from the employer’s LCA wage duties. DOL reviews the LCA for completeness and obvious inaccuracies; certification does not verify later payroll. The required wage remains a legal test. A site comparison with a BLS median is a separate benchmark. Read how the program works or browse recorded sponsor filings.[10][11][12]

Read the dated proclamation texts and court order in the references below. The current USCIS H-1B FAQ did not return a usable response for this review. This page does not verify later collection, litigation, or travel guidance.

FAQ

H-1B proclamation FAQ

H-1B proclamation FAQ

What is the H-1B $100K fee proclamation?

The September 19, 2025 proclamation restricts entry of certain H-1B workers unless the required $100,000 payment accompanies the petition. Its operative provisions concern workers outside the U.S. and include national-interest exceptions. Court orders and current implementing guidance affect collection.

When does the H-1B proclamation expire?

The September 18, 2026 proclamation’s preamble states an expiry of 12:00 a.m. EDT on September 21, 2027. Section 1(a) specifies its effective time as 12:01 a.m. EDT on September 21, 2026 and a 12-month term. These are the document’s stated dates, not confirmation of current collection or litigation status.

Do H-1B renewals pay the $100,000 fee?

This review cannot verify the current implementing guidance or whether a particular renewal or extension requires payment. The proclamations describe covered petitions concerning workers outside the U.S. and specified national-interest exceptions. Check current agency guidance and court orders for the petition’s circumstances.

Is the $100,000 fee currently being collected?

This review cannot verify current collection. The First Circuit's July 24, 2026 order denies a stay of the judgment vacating the implementing policy. The September 18 extension continues the proclamation but does not itself decide the effect of later litigation. Read current USCIS guidance and court orders before filing.

Can current H-1B holders travel?

This review cannot verify current proclamation-related travel guidance. A visa does not guarantee entry: the admission and document requirements still apply. Check current agency guidance and relevant court orders before relying on an earlier travel statement.

What is the difference between this proclamation and the H-1B lottery?

Cap selection determines which registrants may file when demand exceeds available numbers. The regular cap is 65,000, with up to 20,000 qualifying U.S. advanced-degree beneficiaries exempt from it. The proclamation imposes separate entry restrictions and a payment requirement for covered petitions.

How does the $100,000 payment interact with the regular H-1B fees?

The payment is separate from ordinary fees. Registration, filing, ACWIA, fraud, and asylum fees apply according to the employer and petition type; they are not all due on every case. See the full breakdown on our H-1B fee page.[13]

References

  1. [1] Guidance · The White House. Restriction on Entry of Certain Nonimmigrant Workers. Proclamation 10973, September 19, 2025; sections 1–3The proclamation text and implementing guidance are distinct authorities.
  2. [2] Law or rulemaking · Office of the Federal Register. Proclamation 11069: Restriction on Entry of Certain Nonimmigrant Workers. 91 FR 60497; signed September 18, 2026; preamble and section 1The preamble states September 21, 2027. Section 1 sets the effective date at September 21, 2026 and says the restriction expires 12 months later.Checked 2026-10-12.
  3. [3] Primary record · U.S. Court of Appeals for the First Circuit. State of California v. Mullin. No. 26-1699; July 24, 2026 order; pages 1–3 and dispositionThe court denies a stay of the June 8 judgment that vacates implementing agency actions. This dated order does not establish the status of later proceedings.Checked 2026-10-12.
  4. [4] Law or rulemaking · U.S. Congress / Government Publishing Office. INA 221(h): A visa does not guarantee admission. 8 USC 1201(h)U.S. Code, 2024 edition. Visa issuance and admission are separate decisions.Checked 2026-10-08.
  5. [5] Law or rulemaking · eCFR. Admission and the arrival-departure record. 8 CFR 235.1(a), (f), and (h)Form I-94 records admission or parole. An approved petition and any required visa do not alone establish admission.Checked 2026-10-08.
  6. [6] Law or rulemaking · eCFR. 8 CFR 214.2. 8 CFR 214.2(h)(2)(i)(A), (D)–(E); (h)(4)(i)(B), including (B)(3) third-party requirements; (h)(9)(i); (h)(10)(ii), (iv); (h)(18): petition, LCA, approval and denial notices; 8 CFR 214.2(h)(8); 8 CFR 214.2(h)(19)Petition approval, visa issuance, admission, and work authorization are separate steps.; The regular cap, advanced-degree exemption, employer exemptions, and prior cap counting have distinct conditions.Checked 2026-10-17.
  7. [7] Law or rulemaking · DHS. Weighted Selection of Registrants and Petitioners for the H-1B Cap. 90 FR 60864; final rule, effective February 27, 2026; amended 8 CFR 214.2(h)(8)(iii)FY2027 weighting, lowest wage level across registrations and worksites, and registration fields.Checked 2026-10-12.
  8. [8] Law or rulemaking · DOL. Improving Wage Protections for Certain Foreign Nationals. March 27, 2026; 91 FR 15454; proposed wage changesA proposed rule is not the current wage schedule.
  9. [9] Law or rulemaking · DHS. Proposed Additional H-1B Fee. August 25, 2026; proposed $103,265 cap-subject feeA proposed rule is not a final fee requirement.Checked 2026-10-08.
  10. [10] Law or rulemaking · eCFR. Labor Condition Application review. 20 CFR 655.730(b)DOL reviews completeness and obvious inaccuracies. The regulation describes a usual seven-working-day decision. Certification does not establish compliance in practice.Checked 2026-10-08.
  11. [11] Law or rulemaking · eCFR. Required wage and wage sources. 20 CFR 655.731(a)The required wage is the higher of the actual wage and prevailing wage. An independent market median is a comparison, not this legal test.Checked 2026-10-08.
  12. [12] Dataset documentation · BLS. OEWS technical notes (May 2025). Scope of the survey; occupational coding; concepts and estimation methodologyDocuments occupation and geographic wage estimates, not an individual worker’s pay. Use the estimate year and geography stated by the site; older releases can differ.Checked 2026-10-17.
  13. [13] Law or rulemaking · eCFR. USCIS fee schedule. 8 CFR 106.2(a)(3)(i), (c)(4)–(5), (c)(8), (c)(11) and (c)(13)Includes registration, I-129, small-employer and nonprofit rates, and the asylum program fee in paragraph (c).Checked 2026-10-17.

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