If you are a skilled worker looking to work in the U.S., or if you're already on an H-1B visa, this past weekend brought some important news worth understanding. On September 18, 2026, the White House took two separate actions on H-1B: a Proclamation that renews the $100,000 payment requirement for certain H-1B petitions through September 21, 2027, and a brand-new Executive Order that directs US agencies to closely review employers' layoffs when handling H-1B cases.
Before you worry, here's what you need to know. The $100,000 fee is still being challenged in court, and many headlines leave out that important detail. Let's break down what changed, what stayed the same, and what happens next.
What the September 2026 H-1B Proclamation Actually Does
The original proclamation, Restriction on Entry of Certain Nonimmigrant Workers, which was originally signed on September 19, 2025. It required a $100,000 payment for certain new H-1B petitions, mainly for workers outside the United States who needed a visa from a US consulate abroad.
The new proclamation simply renews that policy for another 12 months, from September 21, 2026, through September 21, 2027. According to the official White House fact sheet, the administration says the 2025 measure cut H-1B registrations from the largest IT outsourcing firms by 92% and reduced consular processing requests by nearly 97%.
- Who it mainly targets: new H-1B petitions for workers abroad who need consular processing.
- Who was generally exempt before: petitions approved as a change of status or extension of stay inside the US, and certain workers already holding valid H-1B visas.
- What it is not: an annual $100,000 bill for every current H-1B worker.
Is the $100,000 H-1B Fee Being Collected Right Now?
But there's an important detail many people miss. On June 8, 2026, a federal district court in Massachusetts (State of California et al. v. Mullin et al.) vacated the fee policy, finding it worked like an unauthorized tax. The government is appealing, but the First Circuit declined in July to keep that ruling on hold, so collection has been barred while the appeal continues.
Immigration lawyers, including analysis released by WR Immigration on September 21, say the new extension should also remain blocked because it continues the same policy the court set aside. However, this is a legal interpretation, not a new court ruling on the 2026 proclamation itself. If the government argues the renewal is a new, separately enforceable policy, the court may need to clarify.
Bottom line: as of today, the fee is not being collected, but that could change. Check the latest USCIS guidance before filing.
The New H-1B Executive Order: Layoffs Under the Spotlight
The second action is the one I think many applicants will feel more directly. The Executive Order, titled Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program, is a separate measure. The fee lawsuit does not automatically block it.
According to the official White House text and fact sheet, Here's what the order directs:
- The Departments of State, Labor and Homeland Security must consult with Commerce, Education and the Small Business Administration for data on wages, industries and job specialisation when handling H-1B petitions.
- Agencies must consider an employer's recent layoffs (within the past year) or planned layoffs of similarly situated US workers when reviewing H-1B petitions, labour condition applications (LCAs) and visas.
- The Department of Labor's Wage and Hour Division must begin reviewing previously filed LCA data within 30 days.
What does this mean in practice? Expect more Requests for Evidence (RFEs), more questions about wages and job duties, and closer scrutiny for employers who recently cut staff. A company having layoffs does not automatically mean its H-1B cases will be denied, and the annual H-1B cap remains unchanged.
A Third H-1B Change to Watch: The Proposed $103,000+ DHS Fee
Do not confuse the proclamation with a separate proposal. In August 2026, DHS published a proposed rule in the Federal Register, "Fee for Certain H-1B Petitions," suggesting a fee above $103,000 for cap-subject petitions. This is only a proposal, not a fee you owe today. If finalised, it could add to the proclamation payment in some cases, so employers are budgeting carefully.
This sits alongside other 2026 US immigration changes such as the wage-weighted H-1B lottery (FY 2027 was the first lottery decided by wage level) and DHS's move to change the H-1B 60-day grace period.
What H-1B Workers and Applicants Should Do Now
- Don't pay a fee that is currently blocked. If USCIS sends a notice requesting the $100,000 payment, save it and consult a qualified immigration attorney as soon as possible.
- Plan travel carefully. If you need a new visa stamp abroad, get individual advice before leaving the US.
- Keep your paperwork organised: approval notices, I-94, visa stamps, pay slips and job descriptions.
- Ask your employer whether recent layoffs could affect your petition or extension.
- Have a Plan B. Many skilled workers are now looking at Canada's Express Entry, the UK Skilled Worker visa or Germany's Opportunity Card as backup routes.
Ammy's Take: Stay Calm, Stay Informed
Headlines saying "$100,000 H-1B fee extended" are legally accurate, but missing important context. Right now the fee is blocked by the courts, while the new layoff-focused executive order is the change most likely to affect day-to-day H-1B processing. The situation could actually shift quickly with the appeal, so check back here and with official sources regularly.
Your immigration journey deserves a strategy, not guesswork. If you want tailored guidance on H-1B options, US green card pathways or a backup plan in Canada, the UK or Europe, book a one-on-one consultation with me today. Let's build your plan together.
Sources: White House Fact Sheet (Sept 18, 2026); Proclamation: Restriction on Entry of Certain Nonimmigrant Workers (Sept 18, 2026); H-1B Executive Order (Sept 18, 2026); USA.gov Immigration and Citizenship; secondary analysis: WR Immigration (Sept 21, 2026).
Disclaimer: This article is general information based on official announcements and publicly available legal analysis as of September 23, 2026. It is not legal advice. Rules and court rulings can change quickly, so always confirm your situation with USCIS (uscis.gov), USA.gov or a licensed US immigration attorney.