Trump Again Takes Action: H-1B $100,000 Rule Extended for Another Year‼️

On September 18, 2026, President Trump signed a new presidential proclamation officially extending the existing $100,000 H-1B payment requirement. The measure, which was originally scheduled to expire on September 21, 2026, has now been extended through September 21, 2027.

Essentially, this move extends the $100,000 H-1B payment requirement introduced in 2025 for another 12 months.

Under the current proclamation, the restriction specifically targets certain H-1B workers who are outside the United States and need to enter the U.S. in H-1B status based on an approved petition. The proclamation directs DHS to restrict decisions on covered petitions that are not accompanied by the $100,000 payment.

The new expiration date is:

📅 September 21, 2027

In other words, the $100,000 restriction targeting certain H-1B workers outside the U.S. has been extended for another year.

However, there is another very important point:

The $100,000 H-1B payment requirement is currently still involved in ongoing litigation. Earlier this year, a federal court ruled against the government's position on the requirement, and the First Circuit later denied the government's request to stay that ruling. As a result, the payment requirement was not being enforced while the litigation continues.

So right now, when looking at an H-1B case, you cannot simply focus on the headline “the $100,000 rule has been extended for another year.”

You also need to consider:

👉 Whether the beneficiary is inside or outside the U.S.

👉 Whether it is a first-time H-1B case

👉 Change of Status

👉 H-1B Transfer

👉 H-1B Extension

👉 Whether the beneficiary needs to leave the U.S., obtain an H-1B visa, and re-enter

Each situation can be different.

📌 Most importantly: the September 18 proclamation extends the restriction through September 21, 2027, but the underlying $100,000 payment requirement remains subject to the ongoing court proceedings.

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