US President Donald Trump has extended the $100,000 payment requirement for certain H-1B visa applicants for another 12 months, keeping the measure in place until September 21, 2027.
The extension was announced through a presidential proclamation issued on September 18. The administration said the measure is intended to address what it describes as abuse of the H-1B programme and concerns over the displacement of US workers.
The move comes as the $100,000 requirement remains tied up in legal challenges. A federal district court had ruled against the fee, and the US government has appealed that decision. Reuters reported that the dispute remains under consideration by a Boston appeals court.
Who Will Have To Pay The $100,000 H-1B Fee?
The renewed restriction applies to certain H-1B specialty-occupation workers who are outside the United States.
Under the proclamation, employers filing petitions for such workers must make the $100,000 payment, subject to specified exceptions. The restriction takes effect from 12:01 AM Eastern time on September 21, 2026, and is scheduled to remain in force for 12 months unless extended again.
The proclamation also allows the Department of Homeland Security to exempt individual workers, companies or industries when it determines that hiring them is in the US national interest and does not pose a security or welfare threat.
Legal Battle Over H-1B Fee Continues
The extension does not end the existing legal dispute.
A US district court struck down the $100,000 H-1B fee earlier this year. The administration appealed the ruling, and the litigation remains ongoing.
As a result, the practical application of the renewed requirement remains linked to the outcome of the legal proceedings.
Trump Administration Orders Layoff Scrutiny
Alongside the proclamation, Trump signed an executive order directing federal agencies to increase scrutiny of H-1B applications where the sponsoring employer has recently laid off, or plans to lay off, similarly situated US workers.
The order directs the Secretaries of State, Labor and Homeland Security to consult additional federal agencies and consider information including wages, industry conditions and employment specialisation while administering the H-1B programme.
The White House said the measure is intended to improve programme integrity and prevent H-1B hiring from being used in circumstances where US workers may be displaced.
White House Claims H-1B Registrations Have Fallen
The White House said H-1B registrations filed by the largest IT outsourcing companies had fallen 92% since the 2025 proclamation took effect. It attributed the change to the administration’s restrictions and argued that the measures had deterred what it considers lower-wage and lower-skilled recruitment.
Those are administration claims, rather than an independent assessment of the policy’s overall effect.
Why The Move Matters To Indian Professionals
Indian nationals have historically accounted for a large share of H-1B beneficiaries, particularly in the technology sector. The renewed restriction could therefore have implications for Indian professionals seeking US employment through employers filing new H-1B petitions from outside the country.
The impact will depend on the scope of the restriction, available exemptions and the outcome of the ongoing court proceedings.
For now, the administration has extended the measure through September 21, 2027, while simultaneously tightening scrutiny of employers whose H-1B applications coincide with recent or planned layoffs of US workers.
