Jollux
All immigration news

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

  1. Massachusetts federal court vacates the agency actions implementing the payment
  2. First Circuit declines to pause that judgment
  3. Proclamation 11069 extends the payment
  4. San Francisco federal court blocks collection under both proclamations
  5. Extended payment requirement ends, unless renewed