The $100,000 H-1B Fee Did Not Expire. It Was Extended to September 2027.

The $100,000 H-1B payment did not lapse on September 20. On September 18, 2026, the President signed Proclamation 11069, which extends Proclamation 10973 for an additional 12 months, until 12:00 a.m. eastern daylight time on September 21, 2027. It was published in the Federal Register on September 23 at 91 FR 60497.

That overtakes one assumption in our analysis of the proposed $103,265 fee, which was written when expiration was the default outcome. It does not, by itself, change what employers pay today. The payment remains blocked by a federal court judgment, and the extension does not mention that judgment at all.

What the extension does

Proclamation 11069 carries the 2025 restriction forward on the same terms:

• Same payment, same trigger. Section 1(a) restricts the entry of H-1B workers except those whose petitions are "accompanied or supplemented by a payment of $100,000." The new 12-month period runs from 12:01 a.m. eastern daylight time on September 21, 2026.
• Same population. Section 1(b) directs DHS to restrict decisions on petitions not accompanied by the payment for H-1B workers "who are currently outside the United States." Section 3(a) applies the restriction to people who must seek admission to effectuate an approval, including through consular notification, a port of entry, pre-flight inspection, or pre-clearance.
• Same exception. Section 1(c) keeps the national interest exception, which the Secretary of Homeland Security may grant to an individual, to all workers of a company, or to all workers in an industry.
• Same compliance duty. Section 2(a) requires employers to obtain and retain proof of payment before filing for a worker outside the United States, and Section 2(b) directs the State Department to verify payment.
• One new timing provision. Section 3(b) requires the Secretaries of State, Labor and Homeland Security and the Attorney General to recommend whether to extend again no later than 30 days after the next H-1B lottery.

The proclamation states that the payment has been made for over 700 petitions since September 21, 2025.

The same day, the President signed Executive Order 14431 (91 FR 60501). It directs State, Labor and DHS to take into account, in any labor condition application, petition, visa and entry, whether the sponsoring employer "directly or indirectly engaged in layoffs within the previous year or plans future layoffs" affecting similarly situated U.S. workers. It also directs DOL's Wage and Hour Division to begin reviewing previously submitted labor condition applications within 30 days.

What the extension does not say

It does not mention State of California v. Mullin, the vacatur, or the First Circuit. It does not change the amount, add exceptions, or reach change-of-status filings; the restriction still attaches to entry. It does not create a refund mechanism for payments already made. And, as of September 24, we have not located new DHS or State Department guidance implementing it. The USCIS H-1B Specialty Occupations page, last updated September 21, 2026, still carries the court alert and does not reference Proclamation 11069.

The open question: the court judgment

On June 8, 2026, in State of California v. Mullin, No. 1:25-cv-13829 (D. Mass.) (originally captioned State of California v. Noem), Judge Leo T. Sorokin entered judgment vacating ten specific agency actions issued in September and October 2025, among them the USCIS memorandum on the proclamation, the USCIS and State Department H-1B FAQs, the G-1055 fee schedule entry and the USCIS payment website, "insofar as they impose a $100,000 payment obligation on H-1B petitions." On June 12 the court administratively stayed its judgment pending a First Circuit ruling. On July 24, 2026, the First Circuit denied the government's motion for a stay pending appeal (State of California v. Mullin, No. 26-1699, Barron, C.J., Gelpí and Rikelman, JJ.). The merits appeal is pending; the government tendered its opening brief on September 3.

USCIS states that DHS "will comply with the court's order while DHS considers next steps," and adds: "If this order is later lifted, DHS still plans to collect the payment."

What remains open is how the judgment interacts with the extension. The vacated actions implemented Proclamation 10973; Proclamation 11069 is a new presidential document, and the agencies may issue new implementing actions under it. Whether the existing judgment reaches any such actions, whether new actions draw a new challenge, and how the First Circuit rules are all unresolved. We are not predicting the answer. Employers should plan for both outcomes.

How it stacks with the proposed $103,265 fee

The proposed rule (91 FR 54817, Aug. 25, 2026; RIN 1615-AD20; Docket USCIS-2026-0298) would impose a $103,265 fee, payable at filing, on all cap-subject H-1B petitions, including those eligible for the advanced degree exemption, "in addition to all other applicable fees or payments." The proposal addresses the proclamation directly: where a petitioner is subject both to a proclamation payment and to the proposed fee, "the petitioner would be required to pay both amounts."

If the rule is finalized as proposed and the proclamation payment becomes collectible, a cap-subject petition for a beneficiary outside the United States would carry $203,265 before ordinary filing fees. For employers covered by the 50/50 fee, that charge applies as well; see our September 11 article.

The comment period closed September 24, 2026, and no extension was published. A September 10 correction (91 FR 57516) revised a receipts table in the proposal's analysis; it did not change the fee amount or the comment deadline.

Status, stated precisely

• Proclamation 10973: extended by Proclamation 11069 through September 21, 2027.
• Agency actions implementing the $100,000 payment: vacated (D. Mass., June 8, 2026); stay pending appeal denied (1st Cir., July 24, 2026); appeal pending. USCIS states it is complying.
• $103,265 fee: proposed; comment period closed September 24, 2026; not in effect.
• Executive Order 14431: signed September 18, 2026; directs agency review, including of employer layoffs.

What to do

1. Reset the planning horizon to September 21, 2027 for every case where the beneficiary is outside the United States. September 20, 2026 is no longer an end point.
2. Document each filing's posture. For petitions filed while the judgment is in force, keep a record of the filing date, whether payment was requested, and the USCIS guidance then posted. DHS has said it plans to collect if the order is lifted.
3. Prefer change of status where the beneficiary is eligible. The proclamation attaches to entry. Remember that the proposed $103,265 fee would reach cap-subject change-of-status filings if finalized.
4. Build national interest exception records now for roles where the Section 1(c) standard is realistic, rather than after collection resumes.
5. Review layoffs before filing. Under Executive Order 14431, reductions in the past year, and planned ones, affecting similarly situated U.S. workers will be considered. Audit past labor condition applications ahead of the Wage and Hour Division review.
6. Model the FY2028 cap under four scenarios: no charge; $100,000 only (consular cases); $103,265 only (all cap-subject cases); and both, $203,265, for consular cap cases.
7. If you paid under Proclamation 10973, keep the records. No refund mechanism has been announced.
8. Watch three places: First Circuit docket No. 26-1699; USCIS and State Department guidance under Proclamation 11069; and the Federal Register for a final rule under RIN 1615-AD20.