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The White House’s stated $100,000 H-1B payment applies to certain new petitions—not automatically to every H-1B filing, employer, or traveler. The original rule took effect for petitions submitted after 12:01 a.m. EDT on September 21, 2025. A September 2026 White House proclamation says it is extended through September 21, 2027, absent another change. Whether a particular filing is covered depends on its timing and requested processing, and court proceedings may affect whether the payment can currently be enforced. As of October 4, 2026, the current court orders and their scope should be checked before an employer files or an applicant makes travel plans.
Who may have to pay the $100,000 H-1B fee?
The White House’s September 21, 2025 H-1B FAQ describes the payment as a one-time charge on submission of a new H-1B petition. It says the prospective threshold is petitions submitted after 12:01 a.m. EDT on September 21, 2025, including petitions filed through the 2026 lottery. Petitions submitted before that threshold are outside the requirement as described in the FAQ.
That timing rule is only one part of the analysis. The September 19, 2025 presidential proclamation focuses on entry by certain nonimmigrant workers, while USCIS guidance summaries distinguish filings by the processing action requested. A petition that asks for consular notification, port-of-entry notification, or pre-flight inspection may be treated differently from one requesting an eligible in-country change of status. The beneficiary’s location and status, and USCIS’s decision on a requested in-country action, can matter. Do not assume that a person’s current U.S. location alone determines the answer.
How common filing situations differ
| Situation | What the stated policy indicates | What to verify |
|---|---|---|
| Petition submitted before 12:01 a.m. EDT on September 21, 2025 | The White House FAQ says earlier-filed petitions are not covered by the new payment. | Confirm the actual submission date and the petition’s filing record. |
| New petition requesting consular notification, port-of-entry notification, or pre-flight inspection | USCIS guidance summaries identify these as processing situations that may fall within the restriction, including some petitions for beneficiaries already in the United States. | Check current USCIS instructions, the beneficiary’s facts, the petition’s requested action, and the court posture on the filing date. |
| Eligible in-country change of status | USCIS guidance summaries distinguish an approved in-country change of status from covered entry-related processing. The outcome may depend on the facts and USCIS’s disposition of the request. | Confirm eligibility and what happens if USCIS does not grant the requested change of status. |
| Amendment or extension | USCIS guidance summaries distinguish some in-country amendments and extensions from filings involving entry-related processing. The White House FAQ says the payment does not change routine H-1B renewal fees. | Determine whether the filing is genuinely an amendment or extension, whether it also requests another action, and whether current instructions treat it as covered. |
| Current H-1B visa holder traveling | The White House FAQ says the measure does not prevent a current visa holder from traveling and does not require the payment merely for travel. | Travel eligibility and visa requirements are separate questions; check the person’s individual visa and status circumstances. |
This table describes the policy and guidance as reported by the White House and USCIS summaries; it is not a determination for an individual petition. The administration’s stated $100,000 amount should not be treated as a universal charge for every filing made after September 21, 2025.
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Does the payment apply to H-1B renewals or travel?
Renewals
The White House FAQ says the payment is a one-time fee on submission of a new H-1B petition and does not change the fees required for H-1B renewals. A filing described as an extension may still need to be reviewed by its actual requested action and circumstances; labels alone do not resolve coverage.
Travel by current visa holders
The FAQ says the restriction does not stop current H-1B visa holders from traveling. That statement concerns this payment rule; it does not guarantee admission or settle separate visa, status, or travel-document questions.
Are there exceptions?
The September 19, 2025 proclamation authorizes the Secretary of Homeland Security to except an individual, all workers at a company, or workers in an industry if the Secretary determines the hiring is in the national interest and does not pose a threat to U.S. security or welfare. This is discretionary authority, not an automatic exemption for a particular occupation, employer, or worker.
What changed in September 2026?
A September 2026 White House proclamation says the restriction was extended for an additional 12 months, through September 21, 2027. The September 2025 proclamation had originally said the restriction would expire 12 months after its effective date unless extended. The White House also reported that the payment had been made for over 700 petitions since the 2025 proclamation took effect; that is an administration-reported count, not an independently audited total.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What do the court proceedings mean for a filing now?
The White House’s extension announcement does not, by itself, establish whether the payment is currently enforceable in a particular case. An Oregon State University FAQ reports that a district court issued an order against the fee on June 8, 2026, and that an appellate court paused that order during an appeal on July 24, 2026. Those reports do not establish the current docket status, the scope of any order, or whether it applies nationwide. As of October 4, 2026, do not rely on either the extension announcement or those reported court dates alone to decide whether to pay.
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What employers and applicants should check before acting
- Confirm the submission date. Determine whether the petition was or will be submitted before or after 12:01 a.m. EDT on September 21, 2025.
- Identify the precise filing request. Check whether it is a new petition, consular notification, port-of-entry notification, pre-flight inspection, in-country change of status, amendment, or extension.
- Review the beneficiary’s circumstances. Record location and immigration status at filing and while the petition is pending, and assess whether USCIS grants any requested in-country status action.
- Check current controlling materials. Review current USCIS filing instructions and court orders, including their dates and scope, before deciding whether the payment is due. The court posture described above is not a substitute for checking the current docket.
- Assess any exception separately. Do not assume an occupation or employer qualifies automatically; the proclamation makes an exception discretionary.
- Get case-specific immigration advice. Employers and applicants facing a filing, payment, or travel decision should consult qualified immigration counsel with the petition facts and current agency and court materials.
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