The $100,000 H-1B payment: what the proclamations say, and what USCIS says about the court order

Proclamation 10973 (September 2025) restricts entry of H-1B workers unless a $100,000 payment accompanies the petition, and Proclamation 11069 (September 2026) extends it for 12 more months. USCIS's fee page says that on 8 June 2026 a federal court vacated the agency guidance implementing the payment, that DHS is complying while it considers next steps, and that DHS still plans to collect the payment if the order is lifted. This page reports those documents as at 10 October 2026 and does not say how any individual petition is treated.

The $100,000 H-1B payment began as a presidential proclamation in September 2025. It has since been extended, challenged in court, and described in different ways by different government pages. That is why searches for "H-1B $100k fee lawsuit" and "H-1B $100k fee removed" return answers that disagree with each other.

This guide sets out what the primary documents say as at 10 October 2026, with the date of each one, and keeps three things apart. The first is the proclamation, which is a presidential document. The second is the agency guidance that implemented it, which USCIS says a federal court has vacated. The third is a separate rule that DHS has only PROPOSED, a $103,265 fee on cap-subject petitions, which is not in force and is covered on its own page.

It is a reading of documents, not an assessment of any petition. Whether a particular employer must pay for a particular worker on a particular day is a legal question for an attorney or a DOJ-accredited representative, and the position can change with one court order or one USCIS notice. Where this page quotes USCIS wording, the date it was read is given, and the reader is pointed to the USCIS fee schedule (Form G-1055) as the page to check before paying anything.

What Proclamation 10973 says

Proclamation 10973 of 19 September 2025, titled "Restriction on Entry of Certain Nonimmigrant Workers", was published in the Federal Register on 24 September 2025 (90 FR 46027). Section 1(a) relies on sections 212(f) and 215(a) of the Immigration and Nationality Act (INA) and says that "the entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA, 8 U.S.C. 1101(a)(15)(H)(i)(b), is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000", subject to the exceptions in subsection (c).

The main points of the 2025 text, in the order the document gives them:

Start and length. The proclamation took effect at 12:01 a.m. eastern daylight time on 21 September 2025. It was to expire, absent extension, 12 months after that.
Who it reaches. Section 3(a) says the restriction "shall apply only to aliens who enter or attempt to enter the United States after the effective date of this proclamation". Section 1(b) separately tells the Secretary of Homeland Security to "restrict decisions on petitions not accompanied by a $100,000 payment for H-1B specialty occupation workers under section 101(a)(15)(H)(i)(b) of the INA, who are currently outside the United States".
What the employer must do. Section 2(a): "Employers shall, prior to filing an H-1B petition on behalf of an alien outside the United States, obtain and retain documentation showing that the payment described in section 1 of this proclamation has been made." Section 2(b) tells the Secretary of State to verify receipt of the payment during the petition process.
Exceptions. Section 1(c) says the restriction does not apply to "any individual alien, all aliens working for a company, or all aliens working in an industry" if the Secretary of Homeland Security determines, "in the Secretary's discretion, that the hiring of such aliens to be employed as H-1B specialty occupation workers is in the national interest and does not pose a threat to the security or welfare of the United States."
B visas. Section 1(b) also tells the Secretary of State to issue guidance, "as necessary and to the extent permitted by law, to prevent misuse of B visas by alien beneficiaries of approved H-1B petitions that have an employment start date beginning prior to October 1, 2026."
Follow-on rulemaking. Section 4 told the Secretary of Labor to start a rulemaking on prevailing wage levels, and the Secretary of Homeland Security to start one "to prioritize the admission as nonimmigrants of high-skilled and high-paid aliens". The DHS result is the weighted selection rule described in our page on the H-1B weighted lottery. The Labor Department's is a PROPOSED rule, covered on that page too.
No private rights. Section 5(c) says the proclamation "is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States".

Note what the proclamation is. It is a restriction on entry with a payment as the way around it. It is not an amendment to the fee schedule in 8 CFR 106.2, and it does not appear in the eCFR fee tables. That is one reason the position is described differently in different places.

The September 2026 extension: Proclamation 11069

Proclamation 11069 of 18 September 2026, with the same title, was published on 23 September 2026 (91 FR 60497). Its preamble says that the restrictions of the 2025 proclamation "have proven to be highly effective but the underlying conditions necessitating the restrictions persist", and that the President has decided "to extend the 2025 Proclamation for an additional 12 months, until 12:00 a.m. eastern daylight time on September 21, 2027."

Other points in the 2026 text:

Reported payments. The preamble states that the 2025 proclamation "went into effect on September 21, 2025, and, since then, the $100,000 payment has been made for over 700 petitions."
Same payment, same exceptions. Section 1 repeats the $100,000 payment and the Secretary's discretionary exception.
Admission through other routes. Section 3(a) adds that the restriction "applies to aliens who must seek admission to the United States to effectuate the approval of a petition described in section 1 of this proclamation, including through consular notification, notification at a port of entry, pre-flight inspection, or pre-clearance."
Another review. Section 3(b) requires the four Cabinet departments to give the President, within 30 days after the next H-1B lottery, a recommendation on "an additional extension or renewal of the restriction on entry".
What was dropped. The 2026 text does not repeat the 2025 instruction to the State Department about B visas or the 2025 section on rulemakings. The preamble describes those rulemakings instead.

One detail is worth reading for yourself. The operative section 1(a) of the 2026 text, as published, still says: "This restriction shall expire, absent extension, 12 months after the effective date of this proclamation, which shall be 12:01 a.m. eastern daylight time on September 21, 2026." The preamble, quoted above, gives 21 September 2027 as the end of the extension. Anyone who needs the exact end date of the restriction should read both passages in the Federal Register and ask a lawyer how they fit together.

The same-day executive order. Executive Order 14431, signed 18 September 2026 and published on 23 September 2026 (91 FR 60501), concerns the H-1B program more generally. It tells the Secretaries of State, Labor and Homeland Security to "take into account" in any labor condition application, petition, visa and entry "whether the employer sponsor directly or indirectly engaged in layoffs within the previous year or plans future layoffs that negatively affect the employment of similarly situated United States workers". It also tells the Secretary of Labor that "Within 30 days of the date of this order", the Wage and Hour Division is to begin reviewing data on previously submitted labor condition applications. The order does not itself set a payment.

How USCIS described the payment to petitioners

The USCIS H-1B Specialty Occupations page explains the 2025 proclamation in operating terms. This page quotes it as it read on 10 October 2026. Treat it as a description of the agency guidance, and read the next section on the court order before relying on any of it.

Who is "subject". The page says the proclamation applies "to certain H-1B petitions filed at or after 12:01 a.m. Eastern on Sept. 21, 2025, on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa." It also describes a petition that requests consular notification, port of entry notification or pre-flight inspection for a person who is inside the United States.
Who is not. "The Proclamation does not apply to any previously issued and currently valid H-1B visas, or any petitions submitted prior to 12:01 a.m. Eastern on Sept. 21, 2025." The page adds that the proclamation "does not prevent any holder of a current H-1B visa, or any alien beneficiary following petition approval, from traveling in and out of the United States."
How and when to pay. Payment goes through pay.gov. The page says: "Payment must be made before filing a petition with USCIS, as petitioners must submit proof that the payment has been scheduled from pay.gov or evidence of an exception from the $100,000 payment from the Secretary of Homeland Security at the time of filing the H-1B petition." It describes the proof as showing that the payment "has been scheduled for the specific beneficiary".
Consequence of leaving it out. "Petitions subject to the $100,000 payment that are filed without a copy of the proof of the payment from pay.gov or evidence of an exception from the Secretary of Homeland Security will be denied."
Exceptions. The page says they are granted "in the extraordinarily rare circumstance" in which the Secretary has made the national-interest findings in the proclamation, and it gives an email address for exception requests.

This is agency guidance written under the proclamation. It is the guidance that, according to USCIS, a court has since vacated.

The June 2026 court order, as USCIS describes it

The clearest dated statement is an alert at the top of USCIS's fee schedule page (Form G-1055, edition date 10/07/26). It reads, in part: "On June 8, 2026, the U.S. District Court for the District of Massachusetts issued an order that vacated agency guidance implementing the $100,000 payment requirement for certain H-1B petitions. See State of California v. Mullin, 1:25-cv-13829 (D. Mass.)."

The alert continues: "DHS strongly disagrees with the court's order and filed a motion to stay pending appeal with the United States Court of Appeals for the First Circuit (First Circuit). The District Court order was administratively stayed while the government pursued its motion to stay pending appeal with the First Circuit. On July 24, 2026, the First Circuit denied the government's motion. DHS strongly disagrees with the First Circuit's order denying the stay request but will comply with the court's order while DHS considers next steps. If this order is later lifted, DHS still plans to collect the payment."

The Federal Register gives a second, earlier account. The DHS proposed fee rule of 25 August 2026 says in a footnote: "On June 8, 2026, the United States District Court for the District of Massachusetts vacated the agency guidance implementing the payment required by Proclamation 10973." It adds: "On June 11, 2026, the Government filed an appeal with the First Circuit Court of Appeals. The appeal remains pending as of the date of publication of this NPRM." And it says: "If the order is later lifted, DHS would collect the payment consistent with the terms of the Proclamation and any extension or renewal of the Proclamation."

Put the documents in date order and the sequence is this:

19 September 2025: Proclamation 10973 signed.
8 June 2026: the District of Massachusetts vacates the agency guidance, per USCIS.
11 June 2026: the government appeals to the First Circuit, per the Federal Register.
24 July 2026: the First Circuit denies the government's motion for a stay, per USCIS.
18 September 2026: Proclamation 11069 signed, extending the restriction. The text of the proclamation does not mention the litigation.

What these documents do not tell a reader: the text and scope of the court order itself, whether other cases are pending, and anything that has happened since USCIS last updated its page. This guide has not summarised the order. The case is State of California v. Mullin, No. 1:25-cv-13829 (D. Mass.), and the docket is the place to read what was actually ordered. Because the sources describe a vacatur of "agency guidance" while the proclamation itself has been extended, how the two fit together for a given petition is a question for a lawyer reading the order.

How the $100,000 payment differs from the proposed $103,265 fee and from ordinary H-1B fees

The $100,000 payment is easy to confuse with two other items.

The PROPOSED $103,265 fee. DHS proposed on 25 August 2026 (91 FR 54817) to add a $103,265 fee for H-1B cap-subject petitions. It is a proposal only, the comment period closed on 24 September 2026, and it is not in force. DHS says in the proposal that it is "an additional fee separate from the $100,000 payment required by Proclamation 10973 and is based on different authority", and that "to the extent a petitioner is subject both to a proclamation-required payment and to the additional H-1B fee proposed in this rule, the petitioner would be required to pay both amounts." Our page on the proposed $103,265 H-1B cap fee sets out the proposal.

The ordinary fees. The $100,000 payment is not in 8 CFR 106.2. The fees that are there, such as the $215 registration fee, the $780 petition fee, the Asylum Program Fee and the ACWIA fee, are listed with their sources on our page on H-1B fees an employer pays. The USCIS fee schedule page lists the regulatory fees and, separately, carries the alert about the payment.

The USCIS inflation adjustment on 16 October 2026. The fiscal year 2027 inflation notice (91 FR 62540) adjusts fees required by H.R. 1. It does not name H-1B petitions, and it does not change the proclamation payment. Other fee changes that start on 16 October and 30 November 2026 are collected on our page on USCIS fee changes in October and November 2026.

Common points of confusion, answered from the documents

"Does it apply to students and people already in the United States?" The proclamation's text restricts entry of people coming "as nonimmigrants to perform services in a specialty occupation". USCIS's page describes a petition for a person inside the country that asks for a change of status, an amendment or an extension, and says the proclamation "does not apply to a petition filed at or after 12:01 a.m. Eastern on Sept. 21, 2025, that is requesting an amendment, change of status, or extension of stay for an alien inside the United States where the alien is granted such amendment, change, or extension." It also says that if USCIS "determines that the alien is ineligible for a change of status or an amendment or extension of stay (for example, is not in a valid nonimmigrant visa status or if the alien departs the United States prior to adjudication of a change of status request), the Proclamation will apply". That description is of the guidance discussed above. Whether a particular person in F-1 status is treated one way or the other depends on facts and on the state of the litigation at the time, which is a question for the employer's lawyer.

"Is it paid by the worker or the employer?" The proclamation speaks to employers: they must "obtain and retain documentation showing that the payment" was made. Whether an employer may recover any of it from the worker is governed by other rules, including the Labor Department's required-wage rules in 20 CFR 655.731. Neither the proclamations nor the USCIS pages apply those rules to the $100,000 payment, and this page does not either.

"Does it affect a worker who already holds an H-1B visa?" USCIS's page says the proclamation does not apply to "previously issued and currently valid H-1B visas" and does not stop the holder of a current visa from travelling. Again, that is USCIS's description of the guidance.

"Is the payment a fee USCIS keeps?" The proclamation calls it a "payment" and links it to the entry restriction. Where the money goes is not stated in the sections quoted here.

"Was it removed?" The documents do not use that word. They say the guidance was vacated by a district court order, that DHS is complying with that order while it considers next steps, that DHS "still plans to collect the payment" if the order is lifted, and that the restriction itself was extended on 23 September 2026.

Reading the position yourself, and dating what you read

Three pages carry the current position, and they should be read in this order.

USCIS Form G-1055 (fee schedule). The alert about the court order sat at the top of the page on 10 October 2026. The page shows its edition date.
USCIS H-1B Specialty Occupations page. It carries the agency's description of the payment and the pay.gov instructions. Check whether it has been updated to reflect the court order.
The Federal Register. Search for "Restriction on Entry of Certain Nonimmigrant Workers" to find both proclamations and any later notice, and read the text rather than a summary.

If an employer or a worker is making a decision that turns on this payment, the facts that matter are dates: when the petition was or will be filed, where the worker is when it is filed, whether a change of status is requested, and what the order said on that day. Our pages on H-1B requests for evidence and the proposed end of the 60-day grace period cover two other H-1B questions that turn on dates.

A petition is a legal filing by the employer. Only the people listed in 8 CFR 292.1, attorneys and accredited representatives of recognized organizations among them, may represent a petitioner before USCIS.

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Questions people ask

Is the $100,000 H-1B payment still required?

The documents give two statements that must be read together. Proclamation 11069 (23 September 2026) extends the restriction for 12 more months. USCIS's fee page says a federal court vacated the agency guidance implementing the payment on 8 June 2026, that DHS "will comply with the court's order while DHS considers next steps", and that DHS "still plans to collect the payment" if the order is lifted. How that applies to a given petition is a question for a lawyer, using the USCIS page and the court's order on the day of filing.

What is the H-1B $100k fee lawsuit?

USCIS's fee schedule page cites State of California v. Mullin, No. 1:25-cv-13829 (D. Mass.), and says the court issued an order on 8 June 2026 that vacated agency guidance implementing the payment requirement. The Federal Register says the government appealed to the First Circuit on 11 June 2026, and USCIS says the First Circuit denied the government's stay motion on 24 July 2026. The order itself is on the court docket.

Does the $100,000 payment apply to F-1 students changing to H-1B?

USCIS's page says the proclamation does not apply to a petition for a person inside the United States that asks for a change of status where "the alien is granted such amendment, change, or extension", and that it will apply if USCIS "determines that the alien is ineligible for a change of status" or if the person departs before adjudication. That is the agency's description of its guidance, which the court order concerns. An immigration attorney can say how it applies to a particular student.

Is the $100,000 payment the same as the proposed $103,265 H-1B fee?

No. They are different instruments. The $100,000 payment comes from a presidential proclamation. The $103,265 fee is a PROPOSED DHS rule (91 FR 54817, comments closed 24 September 2026) and is not in force. DHS says the proposed fee would be separate from the proclamation payment and that a petitioner subject to both "would be required to pay both amounts."

Who can get an exception to the $100,000 payment?

Section 1(c) of the proclamation lets the Secretary of Homeland Security exempt an individual, a company's workers or an industry's workers if the Secretary determines, "in the Secretary's discretion", that the hiring "is in the national interest and does not pose a threat to the security or welfare of the United States." USCIS's page calls such exceptions "extraordinarily rare" and says employers seek them by sending a request with supporting evidence to an email address it gives.

Where can I check the current status myself?

Start with USCIS Form G-1055 (the fee schedule), whose alerts carry the court-order statement, then the USCIS H-1B Specialty Occupations page, then the Federal Register for both proclamations and any new notice. Note the date you read each page.

Sources

Last checked 2026-10-10.

Related guides

The proposed $103,265 H-1B cap fee: what DHS proposed, who would pay it, and where the rulemaking stands — PROPOSED, not in force: on 25 August 2026 DHS proposed a $103,265 fee, payable at filing, on every H-1B cap-subject petition (including advanced-degree-exemption petitions), on top of all other fees and any proclamation payment. The comment period closed on 24 September 2026. As at 10 October 2026 no final rule has been published, so the current fees in 8 CFR 106.2 still apply.
H-1B fees in 2026: every charge an employer pays, with the rule behind each one — For a new cap-subject H-1B, the fee schedule as at 10 October 2026 has a $215 registration fee, a $780 petition fee ($460 for a small employer or nonprofit), a $600 Asylum Program Fee ($300 or none for the same groups), a $1,500 ACWIA fee ($750 for 25 or fewer employees), a $500 fraud fee, and for some employers a $4,000 9-11 fee, plus optional premium processing at $2,965. The $100,000 payment and a PROPOSED $103,265 fee are separate items, covered on their own pages.
The H-1B weighted lottery: how wage level sets the number of entries, and the rules that tie the registration to the petition — Since the fiscal year 2027 cap season, when USCIS has more H-1B registrations than it needs it enters each beneficiary in the draw once, twice, three or four times depending on the OEWS wage level (I to IV) that the offered wage equals or exceeds (8 CFR 214.2(h)(8)(iii)(A)(4)). The registration must be accurate, the later petition must match it, and the fee is $215 per registration. This page explains the rule; it does not predict anyone's chances.
H-1B request for evidence: what the regulations say about specialty occupation, wages, worksites and the response deadline — An H-1B RFE gives at most twelve weeks to respond and no extensions (8 CFR 103.2(b)(8)(iv)). The regulations behind the usual questions are the specialty occupation definition and four criteria in 8 CFR 214.2(h)(4), the bona fide position and third-party rules, and the required-wage rule in 20 CFR 655.731. This page sets them out without telling anyone how to respond.
The 60-day grace period for H-1B and other workers, and the proposal to end it — Today, 8 CFR 214.1(l)(2) says a worker in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 or TN status, and their dependents, is not considered to have failed to maintain status solely because employment ended, for up to 60 consecutive days or until the validity period ends, whichever is shorter, once per validity period, and DHS may shorten or eliminate it. On 11 September 2026 DHS PROPOSED removing that paragraph (91 FR 57807). Comments are due 10 November 2026; the proposal is not in force.
USCIS fees, October 2026: every main form — As at 9 October 2026 the paper fee is $675 for the I-130, $1,440 for an adult I-485, $520 for a standard I-765, $750 for the I-751 and $760 for the N-400. Four fees rise on 16 October 2026, EB-5 fees change on 30 November 2026, and several changes are only proposed.
USCIS and immigration court fee changes, October–November 2026: what moves when — Fees change on three dates this autumn: EOIR court fees on 1 October 2026 (appeal to the BIA $1,060), four USCIS H.R. 1 fees on 16 October 2026 (annual asylum fee $105, parole fee $1,050, initial asylum/parole/TPS work permit $570, TPS $520) and EB-5 fees on 30 November 2026. The N-400, I-130, I-485 and I-751 fees are not among them. Several higher fees are only PROPOSED.
Who can legally give US immigration advice? — Attorneys in good standing and DOJ-accredited representatives of recognized non-profits can advise and represent you; a few narrow categories can appear unpaid. Notaries, notarios and immigration consultants cannot give immigration legal advice. Form preparers may only fill in blanks for a nominal fee.