For employers and professionals planning an H-1B filing, the rules around the $100,000 payment have changed several times in a year. This post sets out the sequence of events, based on official sources, and what it suggests for a filing today.
The 2025 proclamation
On 19 September 2025, the President issued Proclamation 10973, Restriction on Entry of Certain Nonimmigrant Workers. Under it, new H-1B petitions filed at or after 12:01 a.m. Eastern Daylight Time on 21 September 2025 had to include an additional $100,000 payment, made through pay.gov, unless the Secretary of Homeland Security granted an exception.
On 20 October 2025, U.S. Citizenship and Immigration Services (USCIS) published guidance on which petitions the payment covered. In summary, it applied mainly to new petitions for workers outside the United States who did not hold a valid H-1B visa. It did not apply to extensions, amendments or changes of status approved inside the country.
The court order
On 8 June 2026, the U.S. District Court for the District of Massachusetts vacated the agency guidance that implemented the payment, in State of California v. Mullin, No. 1:25-cv-13829. The government asked the Court of Appeals for the First Circuit to pause that order. On 24 July 2026, the First Circuit denied the request.
USCIS states that the Department of Homeland Security (DHS) disagrees with the ruling but will comply with the court's order while it considers next steps, and that it still plans to collect the payment if the order is later lifted.
The 2026 extension
On 18 September 2026, the President signed Proclamation 11069, published in the Federal Register on 23 September 2026. It extends the 2025 proclamation for 12 more months, until 12:00 a.m. Eastern Daylight Time on 21 September 2027. The proclamation reports that the payment had been made for more than 700 petitions.
What this means for a filing now
- The legal position is unsettled. The policy has been extended, while a court order blocks the guidance that applied it.
- Petitioners should check the current USCIS alert immediately before filing, because the status can change with a single court decision.
- Workers already in the United States and changing status, extending or amending, were outside the payment under the October 2025 guidance.
The cap lottery has changed too
Separately, DHS published a final rule on 29 December 2025 that replaced the random H-1B cap selection with a weighted process favouring higher-paid, higher-skilled positions. The rule took effect on 27 February 2026 and applied to the fiscal year 2027 cap season.
This post is general information. The right approach for a specific petition depends on the worker's location, status and role, so speak with an attorney before filing.