Presidential Proclamation Purports to Extend $100,000 H-1B Fee Policy

On September 18, 2026, President Trump issued a proclamation purporting to extend the $100,000 fee for certain H-1B petitions through 9/21/2027. Under the original September 2025 proclamation, the $100,000 fee policy had been set to expire on September 21, 2026. 

The $100,000 fee policy implemented in September 2025, which applies to H-1B petitions approved for consular processing, was blocked in June 2026 by a court order while litigation against the fee proceeds. We are awaiting clarification as to whether implementation of the fee policy extension will also be blocked. If USCIS takes the position that it is not blocked, this view is likely to be challenged in the ongoing litigation.