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Trump Extends $100,000 H-1B Visa Fee for Another Year

 

US President Donald Trump has extended the restriction requiring a $100,000 payment for certain new H-1B visa applications involving workers outside the United States for another 12 months. The White House announced the extension on September 18, 2026, keeping the measure in place until September 21, 2027, unless it is extended again.

The policy is significant for US companies that rely on the H-1B programme to recruit highly skilled foreign professionals, particularly in technology and other specialised industries. The measure has also attracted legal challenges, creating uncertainty for employers and prospective visa holders.

What Is the New H-1B Fee Rule?

Under the renewed proclamation, employers seeking to bring certain H-1B workers into the United States from abroad must make a $100,000 payment along with the relevant petition, subject to limited exceptions.

The restriction applies specifically to H-1B specialty-occupation workers who are outside the United States and need admission to the country. The White House said the restriction will remain effective for 12 months from September 21, 2026.

The administration says the measure is intended to address what it describes as abuse of the H-1B system, including the use of lower-paid foreign labour in circumstances where US workers could otherwise be employed.

Why Has Trump Extended the Restriction?

The Trump administration argues that the H-1B programme has been misused by some employers, staffing companies and outsourcing firms. According to the White House, the $100,000 payment and other changes have discouraged lower-wage recruitment and shifted H-1B hiring toward higher-skilled and higher-paid workers.

The White House also said H-1B registrations filed by the largest IT outsourcing companies fell by 92% after the 2025 proclamation took effect. That figure is an administration-reported statistic and reflects the government's assessment of the policy's impact.

The administration has additionally ordered federal agencies to improve coordination and consider factors such as an employer's recent or planned layoffs of similarly situated US workers when reviewing H-1B applications.

Which H-1B Workers Are Affected?

The renewed restriction primarily affects new H-1B workers who are outside the United States and require entry to begin employment.

The policy includes a provision allowing the Secretary of Homeland Security to determine that particular individuals, companies or industries should receive an exception when hiring is considered to be in the national interest and does not pose a threat to US security or welfare.

The measure therefore does not simply introduce a universal $100,000 charge for every person holding an H-1B visa. Its scope is tied to specific new H-1B petitions and entry into the United States.

Why the H-1B Programme Matters to India and China

The H-1B programme has long been an important pathway for US technology companies and other businesses to recruit specialised workers from overseas.

Indian professionals have historically represented a substantial share of H-1B beneficiaries, making changes to the programme particularly relevant to India's technology sector and professionals seeking employment in the United States.

The programme was established by Congress in 1990 and is designed to allow US employers to employ foreign workers in specialised occupations, including many technology, engineering and scientific positions.

Legal Challenges Continue

The $100,000 requirement has faced legal challenges in US courts.

A federal judge previously blocked the fee after finding the Trump administration had exceeded its authority. The government has appealed that decision, and a Boston-based federal appeals court is reviewing the dispute. Another legal proceeding involves a challenge brought by the US Chamber of Commerce.

As a result, the practical future of the $100,000 requirement remains connected to ongoing litigation. The extension announced by the White House does not itself resolve those court challenges.

Impact on US Companies and Foreign Professionals

The policy could increase the cost of recruiting eligible H-1B workers from outside the United States. For companies that regularly use the programme, the additional payment may influence decisions about hiring, relocation and expansion.

Technology companies have already adjusted some hiring and operational strategies amid changes to US immigration rules. Reuters reported that major H-1B users such as Alphabet have increased operations in India, although corporate decisions can be influenced by multiple factors beyond immigration policy.

Business groups and companies have argued that H-1B workers help fill specialised roles where employers face difficulties finding sufficiently qualified workers in the US. The administration, meanwhile, maintains that the programme should be focused on highly skilled workers and should not be used to replace American employees with lower-paid labour.

Key Highlights

  • $100,000: Payment required for certain H-1B petitions covered by the restriction.
  • September 21, 2027: Current extension is scheduled to expire unless extended again.
  • September 18, 2026: Trump signed the renewed proclamation and a separate executive order concerning H-1B programme administration.
  • 92%: Decline in H-1B registrations from the largest IT outsourcing firms, according to the White House.
  • Legal challenges: Courts are continuing to consider challenges to the $100,000 requirement.
  • India and China: Both remain particularly important sources of skilled professionals for the US H-1B system.
  • Exceptions: The proclamation allows limited national-interest exceptions determined by the Secretary of Homeland Security.

Professional Disclaimer & Third-Party Reference

This article is based on publicly available information from the White House and Reuters, including official presidential actions and reporting published in September 2026. Statements concerning the administration's rationale and reported policy effects are attributed to the relevant sources. The legal status of the $100,000 H-1B requirement may change as court proceedings continue. Readers should consult official US government sources or qualified immigration professionals for case-specific legal guidance.

Conclusion

The Trump administration's decision to extend the $100,000 H-1B payment requirement keeps the major change to the US skilled-worker visa system in effect for another year. The policy is likely to remain closely watched by technology companies, Indian professionals, US employers and immigration lawyers while the related court challenges continue.

For the latest developments on H-1B visas, US immigration rules and Indian IT professionals, continue following verified government announcements and credible news reporting.

SRA
Ajay Kumar
Founder & Chief Editor • Story Real A

Investigative journalist and founder of Story Real A, focusing on public policy, national socioeconomic developments, governance, and grassroots reporting across India.

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