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ARTICLE · 06 OCTOBER 2026

Presidential Proclamation Extends $100K H-1B Fee

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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On September 18, 2026, President Trump issued a proclamation that extends through September 21, 2027 a $100,000 fee for H-1B petitions that are filed as consular petitions or are only approvable for consular notification.

United StatesImmigration

On September 18, 2026, President Trump issued a proclamation that extends through September 21, 2027 a $100,000 fee for H-1B petitions that are filed as consular petitions or are only approvable for consular notification. This follows President Trump’s September 2025 proclamation that imposed a $100,000 fee on H-1B consular petitions filed from September 21, 2025 through September 21, 2026. More details on the 2025 proclamation can be found in our prior alert.

Background on the $100,000 H-1B fee and a Federal Court Injunction

A July 2026 court order from the US Court of Appeals for the First Circuit barred USCIS from collecting the $100,000 H-1B fee. A USCIS appeal of this decision remains pending with the Federal Appeals Court.

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