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H-1B ·
$100,000 H-1B fee extended to September 2027, but court orders still block it
On September 18, 2026, the President signed Proclamation 11069, extending the $100,000 payment for certain new H-1B petitions until September 21, 2027. Federal courts have blocked collection: a Massachusetts court vacated the agency actions on June 8, 2026, and a San Francisco court blocked the original and extended proclamations on September 30, 2026. USCIS is not collecting the payment while the orders are in effect.
Confirmed
- Proclamation 11069 extends the $100,000 payment requirement of Proclamation 10973 until 12:00 a.m. Eastern time on September 21, 2027.
- The payment covers certain new H-1B petitions for workers outside the United States. It generally does not apply to change-of-status petitions inside the U.S., such as F-1 to H-1B.
- On June 8, 2026, a federal court in Massachusetts vacated the agency actions that implemented the payment (State of California v. Mullin). On July 24, 2026, the First Circuit declined to pause that judgment.
- On September 30, 2026, a federal court in San Francisco blocked collection under both the original and the extended proclamation.
- USCIS says it will comply with the court orders and plans to collect the payment only if the orders are lifted.
Still unclear
- Whether appeals courts will keep the orders in place.
- How the payment would interact with the proposed $103,265 fee on H-1B cap petitions if both took effect.
Key dates
- Massachusetts federal court vacates the agency actions implementing the payment
- First Circuit declines to pause that judgment
- Proclamation 11069 extends the payment
- San Francisco federal court blocks collection under both proclamations
- Extended payment requirement ends, unless renewed