The $100,000 H-1B fee, today:Renewed, not being collected.

Signed the same day: Executive Order 14431, 'Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program' (91 FR 60501). It imposes no fee. It tells State, Labor and DHS to coordinate with Commerce, Education and the SBA, to take into account whether an employer engaged in layoffs within the previous year, or plans layoffs, that affect similarly situated U.S. workers, and directs the Labor Department's Wage and Hour Division to start reviewing previously filed labor condition applications within 30 days.

Three days before it would have lapsed, the President signed Proclamation 11069, again titled 'Restriction on Entry of Certain Nonimmigrant Workers', extending the 2025 restriction for a further 12 months. Same $100,000 payment, same scope (H-1B specialty-occupation workers currently outside the United States), same sole exception: a national-interest determination by the Secretary of Homeland Security, which may cover one worker, one company or a whole industry. Effective 12:01 a.m. EDT Sept 21, 2026; runs to Sept 21, 2027 absent further extension. Published in the Federal Register Sept 23, 2026 (91 FR 60497).

Proposed rule, 91 FR 54817. Would apply to all cap-subject H-1B petitions if finalized. Comments closed Sept 24, 2026. A correction was published Sept 10, 2026 (91 FR 57516). We found no final rule as of Oct 31.

The fee is NOT in effect. The merits appeal remains pending at the First Circuit, and the government may seek a stay from the Supreme Court. (Written Aug 8: we said the proclamation's self-expiry around Sept 21, 2026 limited how much a later revival could matter. That reasoning was wrong — the President renewed it on Sept 18, 2026. See that entry below.)

USCIS says it will comply with the First Circuit's order and still plans to collect the payment if the order is lifted.

The First Circuit denies the government's motion to stay the D. Mass. judgment (No. 26-1699), concluding the government failed to make a strong showing it is likely to succeed on the merits. The June 12 administrative stay is lifted, the vacatur stands, and the $100,000 fee cannot be collected while the appeal proceeds.

The government files a notice of appeal to the First Circuit (No. 26-1699). On June 12 the district court denies a full stay but grants a narrower administrative stay of its own vacatur — so the $100,000 fee CONTINUES for consular-processing petitions while the appeal is pending.

Judge Sorokin grants summary judgment for a 20-state coalition and vacates the fee universally, holding it an unlawful tax the President lacked authority to impose (exceeds statutory authority; violates the APA). No. 1:25-cv-13829-LTS.

Chamber of Commerce v. DHS, the appeal of the Dec 23 ruling that upheld the fee, was argued. We found no decision as of Oct 31, 2026.

Preliminary injunction motion heard. Decided Sept 30, 2026 (see below).

Expedited briefing schedule per DC Circuit. Appellants brief Jan 9; government Jan 30.

Court found the proclamation within statutory authority. Plaintiffs appealed Dec 29.

Industry + research-university coalition seeking declaratory + injunctive relief.

State attorneys general challenging the proclamation on APA + delegation grounds.

Confirms the carveouts above — transfers, extensions, and in-US change-of-status are NOT subject to the fee.

'Restriction on Entry of Certain Nonimmigrant Workers' imposes a $100,000 payment on new H-1B petitions requiring consular processing for workers outside the US. Effective Sept 21, 2025 (12:01 a.m. EDT); set to expire Sept 21, 2026 absent extension. Renewed Sept 18, 2026 (see below).