President Donald Trump extended the H-1B entry restriction through September 21, 2027. The proclamation again cites a $100,000 payment for certain workers abroad, but federal court rulings have blocked implementation while appeals continue over its legality.
President Donald Trump signed a proclamation on September 18, 2026, extending restrictions on the entry of certain H-1B workers for another 12 months. The renewed measure took effect at 12:01 a.m. EDT on September 21, 2026, and is scheduled to remain in place until September 21, 2027, unless extended again.
The proclamation continues the framework first announced in September 2025. It applies to certain H-1B beneficiaries outside the United States who must seek admission to begin work under covered petitions.
$100,000 payment remains disputed
The proclamation states that covered petitions must be accompanied or supplemented by a $100,000 payment unless the Department of Homeland Security grants a national-interest exception. The Trump administration says the policy is intended to deter misuse of the H-1B program and shift the program toward higher-skilled and higher-paid employment.
However, the payment requirement remains subject to active litigation. On June 8, 2026, U.S. District Judge Leo Sorokin in Massachusetts vacated federal actions implementing the charge, finding that the executive branch lacked legal authority to impose it in that manner.
Appeals continue in federal courts
On July 24, 2026, the U.S. Court of Appeals for the First Circuit declined the administration's effort to suspend the Massachusetts ruling while the government's appeal proceeds, leaving the lower-court decision in effect for now.
A separate challenge brought by the U.S. Chamber of Commerce is pending before the U.S. Court of Appeals for the D.C. Circuit. A federal district court previously upheld the fee in that case, and the Chamber appealed that decision.
What employers and H-1B workers should watch
The September 18 proclamation extends the underlying entry restriction, but employers and workers should distinguish between what the proclamation states and what courts currently permit the government to enforce.
Companies filing petitions involving workers outside the United States will need to monitor further appellate decisions and updated federal guidance. The continuing litigation could determine whether the $100,000 payment can be enforced under the renewed restriction and how employers must handle affected H-1B petitions.
