Trump Extends $100,000 H-1B Fee Policy Through 2027 as Court Block Continues

President Donald Trump has extended the presidential proclamation behind the controversial $100,000 H-1B payment requirement for another year, keeping the policy on the books through September 21, 2027. But the extension does not mean employers currently have to pay the $100,000 fee: a federal court ruling blocking implementation remains in effect while the government appeals.

The distinction is especially important for international students planning to move from F-1 or OPT status to H-1B. The administration has renewed the underlying policy, but its ability to collect the payment remains tied up in federal court.

What Did the White House Extend?

On September 18, 2026, the White House issued a new proclamation extending the restrictions first established by Presidential Proclamation 10973 in September 2025.

The original policy required a $100,000 payment for certain H-1B cases involving foreign workers outside the United States who would need to enter the country in H-1B status. The new proclamation extends those restrictions until 12:00 a.m. EDT on September 21, 2027, unless another change occurs.

The administration says the restriction is intended to discourage what it describes as abuse of the H-1B program, particularly by some outsourcing and staffing companies, and to encourage employers to recruit highly skilled workers rather than use the program to lower labor costs. Those are the administration's stated policy rationales and remain disputed by business groups and other organizations that rely on H-1B workers.

The proclamation also retains the possibility of national-interest exceptions determined by the Department of Homeland Security.

Is the $100,000 H-1B Fee Currently Being Collected?

No. As of September 19, 2026, the $100,000 payment requirement is not currently enforceable under the existing court order.

On June 8, 2026, U.S. District Judge Leo Sorokin in Massachusetts ruled against the government's implementation of the fee. The court concluded that the $100,000 payment operated as an unauthorized tax and that the implementing agency actions violated federal law.

The Trump administration appealed and asked the U.S. Court of Appeals for the First Circuit to keep the fee in effect while that appeal continued.

On July 24, however, the First Circuit denied that request. Its order left the district court's vacatur of the government's implementation actions in place while the appeal proceeds.

That means the September 18 extension preserves the administration's policy for another year, but it does not by itself overturn the court decision preventing the government from collecting the payment.

The legal dispute is not finished. The First Circuit is still considering the broader appeal, and separate litigation over the policy has also proceeded in other federal courts.

What Does This Mean for F-1 and OPT Students?

For many international students already inside the United States, the immediate situation is less dramatic than the $100,000 headline may suggest.

The proclamation focuses on H-1B workers who must seek admission to the United States, including cases processed through consular notification or similar procedures. Its text specifically directs DHS to restrict decisions involving workers who are currently outside the United States when the required payment is missing.

Under the government's implementation of the original policy, H-1B change-of-status cases for people already in the United States — including many F-1 students moving from OPT to H-1B status — generally were not subject to the payment unless the case ultimately required consular processing or admission from abroad. Reuters likewise reported that the renewed restriction does not target students already in the United States converting to H-1B status in the ordinary change-of-status process.

For an F-1 student planning an H-1B transition, the practical question is therefore not simply whether the $100,000 policy exists. Where the beneficiary is located, whether the employer requests change of status, and whether consular processing becomes necessary can all matter.

For now, however, employers should also be aware that the court ruling means the $100,000 proclamation payment itself is not currently being collected.

A Separate $103,265 H-1B Fee Has Also Been Proposed

The renewed $100,000 proclamation should not be confused with another H-1B fee proposal announced by DHS in August 2026.

DHS has separately proposed a $103,265 fee for cap-subject H-1B petitions, including petitions under the U.S. advanced-degree exemption. That proposal is being pursued through the federal rulemaking process and is legally separate from the $100,000 presidential-proclamation payment. Most importantly, it is currently only a proposed rule, not an effective fee.

International students and employers therefore need to distinguish among three different developments: the White House has extended the $100,000 proclamation policy through September 2027; courts are currently preventing implementation of that payment while litigation continues; and DHS is separately attempting to establish a new six-figure H-1B fee through rulemaking.

The next major development will be the outcome of the pending court appeals and any final action by DHS on its separate proposed fee. Until then, employers and H-1B applicants should verify the current USCIS requirements at the time a petition is filed rather than assuming that the $100,000 payment is presently required.

Sources:

• White House — Restriction on Entry of Certain Nonimmigrant Workers, September 18, 2026
• U.S. Court of Appeals for the First Circuit — State of California v. Mullin, July 24, 2026
• USCIS — September 2025 H-1B Proclamation Implementation Memorandum
• Federal Register — Proposed Fee for Certain H-1B Petitions
• Reuters — Trump Extends Push for $100,000 H-1B Visas by Another Year
• Bloomberg — Trump Extends $100,000 H-1B Visa Fee as Legal Fight Plays Out