10/1/26 UPDATE: Though the White House extended the $100,000 fee by Presidential Proclamation last month, the fee remains blocked by two separate court orders and should not be enforced by U.S. Citizenship and Immigration Services.
On September 18, 2026, two actions were issued affecting the H-1B program:
1. A Presidential Proclamation extended the $100,000 H-1B fee requirement through September 21, 2027. The fee, instituted on September 21, 2025, for an additional 12 months, is currently vacated pending a stay from ongoing litigation, meaning that this extension should also not be in effect until further ruling from the courts. Read past ISSO guidance and FAQs.
2. An Executive Order directing federal agencies to consider employer layoff activity and labor market conditions when reviewing H-1B-related applications. No implementing guidance has been released at this time, and there are currently no announced changes to filing procedures.
ISSO will continue to monitor developments and provide updates as more information becomes available.
