Trump Extends the $100,000 H-1B Fee That Remains Blocked

On September 21, 2026 — the day the original H-1B fee proclamation was set to expire — President Trump signed a new proclamation extending the $100,000 H-1B fee framework through September 21, 2027. In practice, however, the fee remains unenforceable for now.

As we reported in June, the fee was struck down when a federal court vacated the policy nationwide, with the presiding judge ruling that it functioned as an unlawful tax the executive branch had no authority to impose without Congress. That ruling continues to apply nationwide and USCIS has not collected the fee since July, but the Trump administration is appealing that decision.

Today's proclamation extends the $100,000 H-1B fee through September 21, 2027, but because of the existing court order vacating the fee, extending the fee doesn’t change the fact USCIS is currently barred from requiring the fee.  However, the administration is extending the policy so that it may be enforced if it prevails on appeal.

The bottom line is the $100,000 fee remains blocked, but the legal fight isn't over.  Yesterday’s extension of the fee is best read as the administration positioning itself to reinstate the fee immediately if it wins on appeal — not as a new, independently enforceable requirement.  To plan for both outcomes, employers filing new H-1B petitions for candidates abroad should consider the possibility of a reinstated fee, including for petitions that may still be pending if an appellate court rules in the Trump administration’s favor.

ILG will continue monitoring this development and provide updates as they become available. If you have questions, please contact your ILG attorney or reach our firm at .