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Outbyte PC Repair FREERepair Windows errors before they cause bigger problemsFix Now →Outbyte Driver Updater FREEScan for outdated or missing drivers - takes under a minuteDriver Scan →The White House’s policy calls for a one-time $100,000 payment for certain new H-1B petitions—not every H-1B filing or every trip by an H-1B worker. The White House says the restriction, which began on September 21, 2025, was extended through September 21, 2027. Who is covered depends on when the petition is filed, what action it requests, the beneficiary’s situation and USCIS’s decision. As of October 4, 2026, the current status and scope of court orders affecting the policy have not been established here, so employers should verify current court orders and USCIS instructions before acting.
Who may have to pay the $100,000 H-1B fee?
The President’s September 19, 2025, proclamation ties the $100,000 payment to certain new H-1B specialty-occupation petitions and the entry of covered workers. The White House FAQ, published September 21, 2025, describes it as a one-time payment when a new petition is submitted. The policy is prospective: the White House set its original threshold at petitions submitted after 12:01 a.m. EDT on September 21, 2025, and said the 2026 H-1B lottery was included.
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That does not mean every petition filed after the threshold is automatically subject to the payment. The requested action matters. USCIS guidance summaries distinguish some in-country changes of status, amendments and extensions from petitions requesting consular notification, port-of-entry notification or pre-flight inspection. A case may also turn on the beneficiary’s location and status, whether USCIS grants a requested in-country status change, and any discretionary exception.
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Use this as a screening guide, not a decision on an individual petition. The proclamation and White House FAQ establish the date and payment; USCIS guidance summaries describe distinctions among filing types. They do not determine every case outcome.
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| Filing situation | What the available guidance says | What to verify |
|---|---|---|
| Petition submitted before 12:01 a.m. EDT on September 21, 2025 | The White House FAQ says petitions filed before that threshold are not covered. | Confirm the petition’s actual submission time and that the filing in question is the relevant petition. |
| New petition submitted after the threshold and requesting consular notification | USCIS guidance summaries identify consular-processing requests as potentially covered, including some cases where the beneficiary is already in the United States. | Check the requested action, the beneficiary’s situation and current USCIS instructions; filing after the threshold alone does not settle coverage. |
| New petition requesting port-of-entry notification or pre-flight inspection | USCIS guidance summaries identify these requests as potentially covered. | Confirm how the petition is classified and whether an exception or court order affects it. |
| Eligible in-country change of status, amendment or extension | USCIS guidance summaries distinguish these from the potentially covered notification requests. The distinction is not a guarantee that a particular filing is exempt. | Check eligibility, requested action, beneficiary status and USCIS’s disposition of any in-country status request. |
| H-1B renewal | The White House FAQ says the payment does not change fees required for H-1B renewals. | Separate renewal fees from any new petition or other requested action in the case. |
Does the fee apply to a change of status, amendment or extension?
Not necessarily. USCIS guidance summaries distinguish eligible in-country changes of status, amendments and extensions from filings that request consular notification, port-of-entry notification or pre-flight inspection. A person’s current location is not the only consideration: the requested process and the beneficiary’s status can matter, and USCIS’s decision on an in-country status request may affect the analysis.
For a specific case, review the form and requested action with immigration counsel and confirm the current USCIS instructions. Do not assume that simply being in the United States—or calling a filing an extension or amendment—settles whether the payment applies.
Do renewals or travel by current H-1B visa holders require the payment?
The White House FAQ says the one-time payment does not change fees required for H-1B renewals and does not prevent a current H-1B visa holder from traveling. That statement concerns the payment described in the FAQ; it is not a guarantee that a particular petition or travel plan has no other immigration requirements. Check current agency instructions and case-specific circumstances before making a filing or travel decision.
Are there exceptions?
The September 19, 2025, proclamation gives the Secretary of Homeland Security discretion to except an individual, all workers at a company, or workers in an industry. The stated criteria are that the hiring be in the national interest and not pose a threat to U.S. security or welfare. The proclamation does not establish a blanket exemption for a particular occupation. Employers should not treat a possible exception as automatic; confirm whether DHS has granted one for the relevant worker or group.
What changed in 2026, and what is the court status?
A September 2026 White House proclamation says the restriction was extended for an additional 12 months, until September 21, 2027. That is the end date stated by the proclamation, absent another change; it does not by itself resolve whether the policy is currently enforceable in a particular case.
As of October 4, 2026, the current docket, later court orders and the scope or geographic effect of any injunction have not been established here. An Oregon State University FAQ reports that a district court ruled against the fee on June 8, 2026, and that an appellate court paused that order during an appeal on July 24, 2026. Those reported events do not establish the controlling status today. Before filing, budgeting or advising a worker, check the current court record and USCIS instructions with immigration counsel.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What employers and applicants should check before a filing
- Confirm the filing date. Compare the petition’s submission time with the White House’s original threshold: 12:01 a.m. EDT on September 21, 2025.
- Identify exactly what the petition requests. Distinguish a new petition from an amendment, extension or renewal, and note whether it requests consular notification, port-of-entry notification, pre-flight inspection or an in-country change of status.
- Review the beneficiary’s circumstances. Record the person’s location and immigration status when filed and while the petition is pending; determine whether USCIS has granted a requested in-country status change.
- Check for an exception. Confirm whether DHS has actually granted a discretionary exception applicable to the worker, company or industry.
- Verify the rules in force before acting. Review current USCIS instructions and the current court docket, because the White House extension and reported litigation history do not alone establish the policy’s present effect.
The September 2026 proclamation reports that payment had been made for over 700 petitions since the 2025 proclamation took effect. This is the White House’s reported count, not an independently audited total.
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