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US President Donald Trump on 18 September 2026 extended the $100,000 fee on certain H-1B petitions until 21 September 2027.
The fee was first imposed by a proclamation of 19 September 2025 and was originally to expire on 21 September 2026.
A federal district court vacated the fee on 8 June 2026 as an unlawful tax, and the First Circuit declined in July 2026 to block that ruling - so USCIS cannot currently collect it.
The same day, Trump signed an executive order requiring agencies to weigh an employer's recent or planned layoffs of American workers when deciding H-1B cases.
Indians accounted for about 71% of approved H-1B beneficiaries, making the programme's cost and scrutiny a direct India issue.
Imposed the $100,000 payment requirement on certain new H-1B petitions for beneficiaries outside the United States, with an original expiry of 21 September 2026. Extended on 18 September 2026 to 21 September 2027.
A Massachusetts federal district court vacated the fee, holding that it functioned as an unlawful tax - a power Congress, not the President, holds. The administration appealed on 11 June 2026, and the First Circuit declined in July 2026 to stay the ruling, leaving USCIS unable to collect.
Directs the Departments of State, Labor and Homeland Security to consider an employer's recent or planned layoffs of US workers when adjudicating H-1B petitions, visas, admissions and Labor Condition Applications, and to consult federal economic data in doing so.
Would create a $103,265 fee on all H-1B cap-subject petitions. Because it is a rule rather than a proclamation, it would rest on a different legal footing and would reach far more petitions than the 2025 fee.
Processes and adjudicates H-1B petitions and would collect the fee; currently barred from collecting it by the district court ruling
Parent department of USCIS; published the proposed rule of 25 August 2026 for a $103,265 fee on cap-subject H-1B petitions
Certifies Labor Condition Applications underlying H-1B petitions; directed by the September 2026 executive order to review past filings within 30 days
Proclamation imposes a $100,000 fee on certain new H-1B petitions for beneficiaries outside the United States
A Massachusetts federal district court vacates the fee, calling it an unlawful tax
The administration files an appeal against the district court's decision
The Court of Appeals for the First Circuit declines to block the district court ruling
DHS publishes a proposed rule for a $103,265 fee on all H-1B cap-subject petitions
Trump extends the $100,000 fee to 21 September 2027 and signs an executive order tying H-1B scrutiny to employer layoffs
GS Paper II > Effect of policies of developed countries on India's interests; Indian diaspora
General Awareness > International economy, remittances and services trade
General Awareness > International current affairs
A US non-immigrant visa allowing employers to hire foreign professionals in specialty occupations requiring theoretical or technical expertise.
The filing an employer must have certified by the US Department of Labor before an H-1B petition, attesting to wage and working-condition standards.
An H-1B petition counted against the annual numerical limit of 65,000, plus 20,000 for holders of a US master's degree or higher.
A court order setting aside an agency action or measure - here, the June 2026 ruling that struck down the $100,000 fee.