What’s Happening

On September 18, 2026, the President extended the $100,000 H-1B fee for another year, through September 2027. The good news for employers is that the fee remains blocked by the courts, so it still can’t be enforced.

Earlier this year, a federal court ruled that the $100,000 fee was unlawful and stopped the government from collecting it. The government asked a higher court to put that ruling on hold while it appeals, and that request was denied. This means the court’s decision is still in effect.

The new extension keeps the fee policy alive on paper, but it does not appear to override the court’s ruling. As a result, employers are not currently required to pay the $100,000 fee when filing H-1B petitions. Below, we explain what this means for your hiring plans and what to watch for in the months ahead.