Trump Extends Mandatory Fee for High-Tech Foreign Worker Visas
Washington, Saturday, 19 September 2026.
President Trump extended the controversial $100,000 H-1B visa fee through September 2027 to protect American jobs, despite an ongoing federal court ruling blocking its enforcement.
Executive Action Extends Visa Fee Amid Legal Challenges
On September 18, 2026, President Donald J. Trump signed a Proclamation extending the restrictions on H-1B nonimmigrant visa entries for an additional 12 months, setting a new expiration date of September 21, 2027 [4]. This action renews the requirement for a $100,000 payment on certain H-1B petitions, a policy originally established by Proclamation 10973 on September 19, 2025 [4]. The White House stated that the extension aims to protect American national and economic security by preventing perceived abuses of the foreign worker visa system [1]. While the administration claims the measure safeguards domestic labor standards, the policy remains subject to ongoing federal litigation regarding its legality [2]. The announcement was made via White House statement on Friday, September 18, 2026, continuing the administration’s focus on prioritizing domestic workforce employment in the technology and engineering sectors [2].
Market Response and Workforce Data
Data following the initial 2025 Proclamation indicates significant shifts in visa application patterns, particularly among IT outsourcing firms. Registrations by major IT outsourcing firms decreased by approximately 92% following the implementation of the fee requirements [1]. Specific figures show a drop in registrations from 24,946 to 2,055, a reduction calculated as 91.762 percent [4]. Additionally, consular processing requests dropped by 97% between Fiscal Year 2025 and Fiscal Year 2027 [4]. The administration cites these figures as evidence that the policy successfully deters low-wage recruitment while increasing access for high-skilled workers [4]. Prior to the 2025 Proclamation, the share of IT workers holding H-1B visas had increased from 32% in Fiscal Year 2003 to over 65% in the years preceding 2025 [1].
Judicial Oversight and Implementation
Despite the extension, the $100,000 fee policy is currently vacated by a federal court order, creating uncertainty for employers and legal practitioners [3]. A federal district court in Massachusetts vacated the fee policy in June 2026, ruling that the fee amounted to a tax not properly exercised through proclamation [3]. Although the district court initially stayed its own ruling, the Court of Appeals for the First Circuit refused to block the lower court’s decision in July 2026, barring collection of the fee pending further notice [3]. Consequently, while the Proclamation extends the policy through September 21, 2027, USCIS is currently barred from collecting the fee until further notice due to the litigation status [3]. The Department of Homeland Security retains discretion to grant exemptions if hiring is deemed to be in the national interest [4].