The H-1B $100,000 fee in October 2026: what is in force and what is not

Is the $100,000 H-1B fee still in force in October 2026? On paper, the presidential restriction behind it has been extended to September 21, 2027. In practice, the payment is not being collected right now: a federal court in Massachusetts vacated the agency guidance that implements it on June 8, 2026, the appeals court refused to pause that ruling on July 24, and a federal court in California vacated and blocked the same policies on September 30, 2026. The government is appealing, and DHS says on the USCIS H-1B FAQ that it still plans to collect the payment if the Massachusetts order is lifted. A separate $103,265 fee is still only a proposal.

What did the original proclamation require?

President Trump signed Proclamation 10973, "Restriction on Entry of Certain Nonimmigrant Workers," on September 19, 2025. It was published at 90 FR 46027 on September 24, 2025. Its core provision reads:

"(a) Pursuant to sections 212(f) and 215(a) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(f) and 1185(a), the entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA, 8 U.S.C. 1101(a)(15)(H)(i)(b), is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000" Proclamation 10973, section 1(a), 90 FR 46027

The sentence continues by making the restriction subject to exceptions in subsection (c), which lets the Secretary of Homeland Security exempt individuals, companies or industries in the national interest. The proclamation took effect at 12:01 a.m. Eastern daylight time on September 21, 2025, and was set to expire after 12 months unless extended. Section 1(b) told DHS to restrict decisions on petitions without the payment for H-1B workers "who are currently outside the United States" (Proclamation 10973).

USCIS described the scope on its H-1B FAQ page: the payment applied to new H-1B petitions submitted after that time, did not apply to petitions filed earlier or to previously issued visas, did not change renewal fees, and did not stop current H-1B visa holders from traveling (USCIS, H-1B FAQ).

What have the courts done?

Three courts have ruled so far, and they do not agree.

District of Massachusetts, June 8, 2026. In State of California v. Mullin, No. 1:25-cv-13829, the court issued an order that, according to USCIS, "vacated agency guidance implementing the $100,000 payment requirement for certain H-1B petitions". The government asked the First Circuit to stay that order pending appeal, and on July 24, 2026, the First Circuit denied the request (USCIS, H-1B FAQ). The district court had paused its own order while the government asked the First Circuit for a stay, so the vacatur took practical effect only after the First Circuit denied that request on July 24, 2026 (USCIS, H-1B FAQ). DHS states in its August 2026 fee proposal that the government filed its appeal on June 11, 2026 (91 FR 54817). USCIS's position, on a page last updated July 28, 2026, is:

"DHS strongly disagrees with the First Circuit’s order denying the stay request but will comply with the court’s order while DHS considers next steps. If this order is later lifted, DHS still plans to collect the payment." USCIS, H-1B FAQ (last updated 07/28/2026)

Northern District of California, September 30, 2026. In Global Nurse Force v. Trump, No. 25-cv-08454-HSG, Judge Haywood S. Gilliam, Jr. granted in part a motion for a preliminary injunction. The court found the plaintiffs likely to succeed on their claims that the agency policies are arbitrary and capricious and were issued without required notice-and-comment rulemaking and regulatory flexibility analyses, and it denied the government's request for a stay pending appeal. Its order reaches the 2026 extension too:

"The Agency Policies are VACATED and REMANDED to Agency Defendants. Agency Defendants, and all persons acting under their direction, are enjoined from enforcing or implementing the Agency Policies made pursuant to or in implementation of Proclamation No. 10973 and its extension in Proclamation No. 11069, until notice-and-comment rulemaking under the APA and regulatory flexibility analyses under the RFA have been conducted." Global Nurse Force v. Trump, No. 25-cv-08454-HSG (N.D. Cal. Sept. 30, 2026), Order, Part VI

The same order notes that, because of the Massachusetts ruling, "the $100,000 fee is no longer in effect" (Order, Dkt. 130). On October 9, 2026, the government filed a notice of appeal to the Ninth Circuit (Notice of Appeal, Dkt. 132; docket).

District of Columbia, 2025. The California order describes a third case, Chamber of Commerce v. DHS, in which the D.C. district court upheld the proclamation and the $100,000 fee, 815 F. Supp. 3d 73 (D.D.C. 2025). That case is on appeal in the D.C. Circuit (Order, Dkt. 130). The appeal, D.C. Circuit No. 25-5473, has been argued, and no decision had issued as of October 11, 2026.

Note what the courts addressed. The Massachusetts and California rulings act on the agency policies that carry out the payment. The California court addressed the claims against the agency policies first and, at this preliminary stage, did not decide whether the President had authority to issue the proclamation.

What does Proclamation 11069 change?

It extends the restriction by 12 months. Proclamation 11069, signed September 18, 2026 and published at 91 FR 60497 on September 23, 2026, says it is "in the interests of the United States to extend the 2025 Proclamation for an additional 12 months, until 12:00 a.m. eastern daylight time on September 21, 2027" (Proclamation 11069).

Most operative terms repeat the 2025 text: the same $100,000 payment, the same national interest exception, and the same rule that employers keep proof of payment before filing for a worker outside the United States. Section 3(a) adds that the restriction applies to workers who must seek admission to carry out an approved petition, including through consular notification, port of entry notification, pre-flight inspection or pre-clearance. The proclamation states that the payment had been made "for over 700 petitions" since September 21, 2025. It also directs the Secretaries of State, Labor and Homeland Security and the Attorney General to jointly recommend, within 30 days after the next H-1B lottery, whether a further extension is warranted (Proclamation 11069).

The September 30 order enjoins the agencies from enforcing the implementing policies under both proclamations. In our reading, that means the extension does not by itself restart collection, even though the proclamation remains a presidential document. As of October 11, 2026, the USCIS H-1B FAQ still carried its July 28, 2026 update and did not mention Proclamation 11069 (USCIS, H-1B FAQ).

The same day, the President also signed Executive Order 14431, "Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program" (91 FR 60501). It is a separate document from the payment.

Is the $103,265 fee the same thing?

No. On August 25, 2026, DHS proposed a $103,265 fee for all cap-subject H-1B petitions, including those under the advanced degree exemption (91 FR 54817, corrected at 91 FR 57516 on September 10). DHS says it rests on "different authority" than the proclamation and would be "an additional fee separate from the $100,000 payment." Comments closed September 24, 2026. It is not final (91 FR 54817). Our post DHS proposes additional H-1B fee covers it in detail.

Status table: what is final, proposed or blocked

Sources: the documents linked in each section above; the weighted selection row comes from the final rule, 90 FR 60864.

What does this mean for employers and workers?

What this means in practice: for now, DHS says it is complying with the court order, so the payment is not being collected. That can change quickly. An appeals court could stay or reverse either ruling, and DHS has said it would collect the payment if the Massachusetts order is lifted. Employers filing new H-1B petitions for workers outside the United States may want their attorney to check the latest court orders and USCIS guidance on the filing date, and to keep records of what applied when they filed.

The proclamation covers only H-1B specialty occupation workers. It does not apply to the O-1, EB-1A or EB-2 NIW. If the H-1B route is uncertain for you, our guide to your options after the H-1B lottery and our comparison of the O-1 and the H-1B are good next reads.

Where to start

H-1B petitions are handled by attorneys at an independent partner firm, not by Frank. If you want a route that does not depend on the H-1B, start with the free evaluation, with no account and no card, to see how your record compares with the O-1, EB-1A and EB-2 NIW criteria. Frank then finds real opportunities for the criteria you are missing. Starter is $49 a month with a 7-day free trial. Green Card Guide is not a law firm, and this post is not legal advice.

Sources

All checked October 11, 2026.

• Federal Register, Proclamation 10973, 90 FR 46027 (signed September 19, 2025; PDF). The original payment requirement, quoted above.
• Federal Register, Proclamation 11069, 91 FR 60497 (signed September 18, 2026; PDF). The extension to September 21, 2027.
• USCIS, H-1B FAQ (last updated July 28, 2026). The June 8 vacatur, the July 24 stay denial and DHS's position.
• N.D. Cal., Global Nurse Force v. Trump, No. 25-cv-08454-HSG, Order (Dkt. 130) (September 30, 2026), via CourtListener's RECAP archive.
• N.D. Cal., Global Nurse Force v. Trump, Notice of Appeal (Dkt. 132) (October 9, 2026).
• Federal Register, Fee for Certain H-1B Petitions, 91 FR 54817 (August 25, 2026). The $103,265 proposal and the June 11 appeal date.
• Federal Register, Executive Order 14431, 91 FR 60501 (signed September 18, 2026). Title and date only.
• Federal Register, Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions, 90 FR 60864 (December 29, 2025). The weighted selection row in the status table.

Frequently asked questions

Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.