H-1B shock continues: $100,000 fee extended through September 2027

H-1B $100,000 fee requirement extended through September 2027 amid ongoing court challenges

The US has extended its controversial $100,000 payment requirement for certain H-1B workers for another year, keeping the measure in place until September 21, 2027, unless it is changed or blocked through the ongoing legal proceedings.

 

The extension was announced by the White House on September 18, 2026, as the administration continues its broader overhaul of the H-1B programme.

 

According to the administration, the extension is intended to continue efforts to prioritize higher-skilled and higher-paid foreign talent while addressing concerns related to wage protections, labor market impacts and H-1B program integrity.

 

Under the proclamation:

 

• Restrictions on the entry of certain H-1B workers have been extended through Sept. 21, 2027.
• Covered petitions generally remain subject to a $100,000 payment requirement unless an exemption or national interest exception applies.
• Federal agencies have been directed to continue implementing compliance and verification measures related to the policy.

 

For Indian professionals, the development is significant because India is the largest source of H-1B workers. The visa programme is particularly important to US technology companies recruiting professionals from India and China.

 

 

But there is an important distinction: the $100,000 payment is not a blanket charge on every H-1B visa or every Indian professional working in the US.

 

What exactly has been extended?

 

The original measure was introduced in September 2025. It restricted the entry of certain H-1B workers unless their sponsoring employer made a $100,000 payment.

 

The new presidential proclamation extends those restrictions for another 12 months, with the current extension running until September 21, 2027.

 

Under the proclamation, the restriction applies to certain H-1B specialty-occupation workers who are outside the US and need admission to the country based on an H-1B petition.

 

Employers must generally make the $100,000 payment before filing an H-1B petition for a covered worker outside the US, with limited exceptions and a possible national-interest exemption.

 

Immigration law firm Envoy Global explains who has been affected by this: 

As with the 2025 proclamation, the extension primarily affects foreign nationals outside the U.S. who require admission in H-1B status to begin employment under an approved H-1B petition. This may include:

 

• Individuals with newly approved H-1B petitions who have not yet entered the U.S.
• Beneficiaries applying for an H-1B visa at a U.S. consulate abroad.
• Foreign nationals who must travel to the U.S. to activate an approved H-1B petition.

 

Does an Indian H-1B worker already in the US have to pay $100,000?

 

Generally, no.

 

This is one of the most important distinctions for Indian professionals already working in America.

 

The restriction primarily concerns foreign nationals outside the US who need admission in H-1B status. According to global immigration law firm Envoy Global, this can include people with newly approved H-1B petitions who have not yet entered the US, applicants applying for an H-1B visa at a US consulate abroad, and workers who need to travel to the US to activate an approved H-1B petition.

 

The measure does not apply to renewals of existing H-1B visas and did not apply to foreign nationals already in the US on student visas, who represent a significant source of new H-1B recipients.

 

For example

 

Consider two Indian software engineers:

• Engineer A is already in the US on an H-1B visa and is renewing that status. The $100,000 payment requirement does not generally apply to the renewal.
• Engineer B is in Bengaluru and has received an H-1B petition from a US employer but needs to enter the US to begin the job. This is the type of situation potentially covered by the $100,000 requirement.

 

The exact applicability depends on the petition and the worker's circumstances.

 

Why is the fee so high?

 

The $100,000 payment is dramatically higher than traditional H-1B government fees.

 

The previous H-1B fee structure was generally in the $2,000-$5,000 range, depending on the applicable fees and circumstances.

 

The Trump administration said the high payment is intended to address what it describes as abuse of the H-1B system, including the use of lower-paid foreign workers and practices that it says can disadvantage US workers.

 

The White House said the original measure has deterred lower-wage and lower-skilled recruitment. It said H-1B registrations filed by the largest IT outsourcing companies have fallen 92% since the 2025 proclamation took effect. That is an administration-reported figure and reflects its assessment of the policy's impact.

 

Business groups and companies, however, have argued that H-1B workers are important for filling specialised skills gaps in the US economy. Reuters reported that companies rely on the programme to recruit highly skilled professionals, particularly in technology.

 

But isn't the $100,000 fee already blocked by a court?

 

This is where the situation gets complicated.

 

A federal judge in Massachusetts ruled in June 2026 that the $100,000 payment requirement was unlawful and vacated the relevant government actions. The court found that the administration had exceeded its authority in imposing the payment.

 

The US government appealed.

 

On July 24, 2026, the First US Circuit Court of Appeals denied the government's request to stay the district court's judgment pending appeal. The appellate order confirms that the underlying district-court ruling had vacated the government actions implementing the $100,000 payment.

 

Separately, the US Chamber of Commerce has challenged the fee in the US Court of Appeals for the DC Circuit. That case remains pending, according to the Chamber.

 

This means the administration's decision to extend the proclamation does not by itself resolve the legal dispute.

 

Envoy Global similarly cautions that the extension remains subject to ongoing litigation and that its ultimate enforceability depends on the outcome of the court proceedings and further government guidance.

 

"Employers that rely on H-1B talent should be aware that the administration continues to prioritize H-1B program reforms and entry restrictions. While the extension signals the administration’s intent to maintain these measures, ongoing litigation may affect their enforceability," it added.

 

Organizations may wish to:

 

• Monitor developments in ongoing court proceedings.
• Review workforce plans involving employees located outside the U.S.
• Assess potential impacts on future H-1B sponsorship and mobility needs.
• Stay alert for additional guidance from federal agencies regarding implementation of the policy.