H-1B Extension Proposal Comment Deadline Arrives as $100,000 Fee Remains Blocked

The Department of Homeland Security set November 13, 2026, as the deadline for comments on a proposal to end deference to prior approvals in certain extension cases. Employers and workers covered include those seeking extensions in the H-1B, L-1 and O-1 categories.

The proposal concerns how extensions would be reviewed, not a new payment. No rule takes effect on the comment deadline.

Separately, the $100,000 Fee remains blocked by federal court orders, and employers currently are not required to submit it. The two issues have different legal tracks.

The deadline concerns how USCIS reviews extensions

DHS’s proposal would end the practice of relying on an earlier approval when deciding certain extensions under 8 CFR 214.1(c)(5). That could bring previously accepted issues back into review. The proposal itself carries no fee.

The proposed change reaches extension requests for workers in the H-1B, L-1 and O-1 categories. Employers and workers who file those cases can submit comments before the period closes.

Until a final rule takes effect, the current regulation applies. DHS has not finalized the proposal, and the First Circuit has not issued a final merits ruling on the fee appeal.

Court orders continue to block the separate payment

The payment began under Proclamation 10973, signed September 19, 2025, for certain new petitions, chiefly those involving workers outside the United States. It did not cover changes of status, extensions or changes of employer. Proclamation 11069, signed September 18, 2026, extended it through September 21, 2027.

A federal judge in Massachusetts vacated the requirement on June 8, 2026. The government obtained a temporary stay on June 12, but the First Circuit dissolved it on July 24, 2026, blocking collection again.

The U.S. District Court for the Northern District of California issued a separate order on September 30, 2026, in Global Nurse Force v. Trump. It bars enforcement until the agencies complete notice-and-comment rulemaking and the required regulatory flexibility analyses. The order also covers the September 2026 extension of the payment.

USCIS has said it is complying with the court orders and has indicated it intends to collect the payment retroactively if they are reversed. The appeals remain pending.

USCIS is approving some petitions without payment

USCIS has begun approving petitions that would have been subject to the payment, even when employers filed without submitting it. The approvals have not been consistent.

Some premium-processed cases have gone beyond the 15-business-day period without a decision. Employers with pending cases can check whether a petition is still awaiting action; USCIS has not resolved every delayed filing.

Workers abroad cannot use H-1B portability while waiting for approval, and they cannot begin work before the petition is approved. That leaves overseas hiring dependent on the case decision.

Comments go through Regulations.gov by November 13

Employers and workers filing Form I-129 extensions in the affected categories can send comments through Regulations.gov. The docket is USCIS-2026-0529.

Submit comments by November 13, 2026. The deadline is for feedback on the proposed extension-review policy.