- Trump extended the H-1B entry restriction from September twenty-first, twenty twenty-six, through September twenty-first, twenty twenty-seven.
- DHS may grant a national-interest exception when a case benefits the country and poses no threat to U.S. security or welfare.
- FY twenty twenty-seven weighted selection ties to wages, while court orders have blocked enforcement of the separate one hundred thousand dollar fee.
President Donald J. Trump extended the $100,000 H-1B entry restriction on September 18, 2026, keeping a narrow exception for cases the Department of Homeland Security determines serve the national interest and pose no threat to U.S. security or welfare.
The renewed period began at 12:01 a.m. Eastern Daylight Time on September 21, 2026, and runs through September 21, 2027, absent further action. The Trump Administration’s proclamation allows the national-interest exception to cover an individual worker, a company’s H-1B workforce or workers across an industry.
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DHS must make the national-interest finding. The proclamation sets out both parts of that test: the hiring must benefit the country and must not threaten its security or welfare.
The restriction targets hires abroad. It also reaches petitions requesting consular notification, port-of-entry notification, pre-flight inspection or pre-clearance, unless the exception applies.
| India | China | ROW | |
|---|---|---|---|
| EB-1 | Feb 01, 2023 ▲109d | Jul 01, 2023 | Current |
| EB-2 | Nov 01, 2013 | Oct 01, 2021 ▲30d | Jan 01, 2025 |
| EB-3 | Jan 01, 2014 | Jan 08, 2022 ▲7d | May 15, 2024 ▼109d |
| F-1 | Jan 22, 2020 | Jan 22, 2020 | Jan 22, 2020 |
| F-2A | Sep 22, 2026 ▲31d | Sep 22, 2026 ▲31d | Sep 22, 2026 ▲31d |
USCIS says petitions filed at or after 12:01 a.m. Eastern on September 21, 2025, must include the additional payment in covered cases. Petitions filed before that point and currently valid H-1B visas fall outside the payment rule.
Court orders have blocked the fee while the proclamation remains in place
A federal judge blocked the $100,000 fee for new H-1B worker visas on September 30, 2026. The ruling followed a June 8, 2026, district-court decision that vacated the fee policy in its entirety.
The court actions put the fee’s enforcement in doubt even as the administration extended the restriction. Attorneys say the renewed proclamation is likely to remain blocked unless higher courts change course. Yale’s immigration office also says the policy is unlikely to be enforced while the court order stands.
The court dispute concerns the fee mechanism. The proclamation itself outlines which overseas cases fall within its scope and the conditions DHS must apply when considering an exception.
Employers filing for overseas workers therefore face a policy whose stated terms remain in effect, alongside court orders blocking the fee. The practical status can turn on further court action.
A separate order puts employer layoffs under a brighter light
Trump also signed a separate executive order on September 18, 2026, directing the Secretaries of State, Labor and Homeland Security to examine H-1B filings more closely. The order calls for agencies to consider employers’ past and planned layoffs.
Reviewers are directed to look at whether an employer directly or indirectly laid off similarly situated U.S. workers during the previous year. They must also consider planned layoffs that could negatively affect those workers.
The White House framed the directives as a push for “program integrity” and “interagency coordination.” It said the measures aim to protect American workers’ wages, working conditions and job opportunities.
The order adds scrutiny beyond the payment rules. Employers still have to meet specialty-occupation requirements and complete the labor condition application process under Department of Labor rules. The layoff review brings an additional factor into H-1B-related filings.
FY 2027 cap selection now weighs wage level
USCIS says the FY 2027 cap season uses weighted selection tied to wage level, replacing selection by random lottery. DHS finalized the change in December 2025, creating another filter for employers seeking cap-subject workers.
The annual H-1B limits remain 65,000 under the regular cap and 20,000 under the U.S. advanced-degree exemption. Together, the caps provide 85,000 slots before any other eligibility considerations.
The previous cap season offers a point of comparison. USCIS opened FY 2026 registration at noon Eastern on March 7, 2025, and closed it at noon Eastern on March 24, 2025. The agency said it had received enough petitions to reach both the 65,000 regular cap and the 20,000 master’s cap.
The change in selection method does not alter those numerical limits. It changes how cap registrations are selected, with wage level now shaping the process for FY 2027.
A proposed $103,265 cap fee is a different measure
DHS and USCIS proposed a $103,265 fee on cap-subject H-1B petitions in August 2026. The proposal would cover petitions under both the regular cap and the master’s cap.
That proposal is separate from the temporary $100,000 payment in the presidential proclamation. One is a proposed fee tied to cap-subject petitions; the other is part of a restriction covering certain workers outside the United States and remains subject to court orders.
The cap proposal would add to employers’ costs if finalized. Its status does not change the proclamation’s stated exception test or the separate review of employer layoffs.
The FY 2027 weighted selection process is already in place, according to USCIS. The renewed proclamation’s stated period ends September 21, 2027, unless the administration takes further action.
