US President Donald Trump extended the order imposing a USD 100,000 payment on certain H-1B visa petitions for another year, keeping the measure in place until September 21, 2027. The White House announced the extension on September 18, as the policy continues to face legal challenges in US courts.
The restriction was first introduced in September 2025. It targets certain H-1B specialty-occupation workers who are outside the US and need admission for employment. The proclamation allows exceptions when the Department of Homeland Security determines that hiring is in the national interest.
The extension comes as the legal status of the fee remains uncertain. In June 2026, a federal judge in Massachusetts struck down the USD 100,000 requirement. The administration exceeded its authority by imposing what the court considered a tax without congressional authorisation.
The measure does not apply to all H-1B cases. The original order excluded foreign students already in the US who later transition to H-1B status. It also excluded renewals of existing H-1B visas.
The administration has argued that parts of the programme allow employers and outsourcing firms to hire lower-paid foreign workers and displace US employees. Business groups have disputed that approach and said H-1B visas help companies access specialised talent.
Separately, the administration is pursuing a proposal that could introduce a fee of about USD 103,000 for cap-subject H-1B petitions. That proposal is separate from the extended USD 100,000 entry restriction.
For employers and foreign professionals, the extension means uncertainty will continue. The eventual court rulings could determine whether the USD 100,000 requirement can be enforced and how far the administration can reshape the H-1B programme.
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