H-1B $100K Fee Update: Proclamation 11069 Extended It to 2027, So Why Isn't USCIS Collecting It?

The $100,000 H-1B restriction now runs to September 2027 on paper, yet two court orders mean USCIS is not collecting it. Here is what that gap means for you.

Status as of 2026-10-13. In effect on paper: Proclamation 11069 extends the $100,000 H-1B entry restriction to 2027-09-21. Blocked: the fee itself, by two federal court orders. On appeal: both of those orders. Proposed only: a separate $103,265 H-1B fee. USCIS is not collecting the $100,000 payment today.

Here is the short H-1B $100K fee update. On 2026-09-18 the President signed Proclamation 11069, which keeps Proclamation 10973's $100,000 restriction alive for another year. You might expect employers to be paying it again. They aren't, because two courts have blocked the agency policies that collect it. USCIS says DHS will comply with the court's order, and that if the order is lifted, DHS still plans to collect the payment. So the restriction is still on the books, but it can't be enforced right now, and that could change quickly.

Whether you're on F-1 OPT, abroad waiting on a petition, or on H-1B and planning travel, the gap between the proclamation and the court orders is what matters.

The H-1B $100K fee update in one table (as of October 2026)

The live source of truth is the USCIS H-1B Specialty Occupations page. As of its 2026-09-21 update (still the latest when we checked on 2026-10-14), it describes the California v. Mullin order and DHS's compliance. It does not mention Proclamation 11069 or Global Nurse Force, and its older text describing the payment requirement is still on the page, so read it alongside the court orders. The proclamation text is on the Federal Register.

Why the fee can be "extended" and "blocked" at the same time

A proclamation and the agency policies that enforce it are separate legal objects, and the courts have treated them that way.

• The proclamation restricts entry. Proclamation 10973 restricts the entry of certain H-1B workers unless the petition comes with the $100,000 payment. Proclamation 11069 extends that restriction "for an additional 12 months." It covers consular notification, the port of entry, pre-flight inspection and pre-clearance.
• The implementing policies are how DHS, USCIS and State actually turn the proclamation into a payment requirement on a petition. These are the parts the courts have reached.

In Global Nurse Force v. Trump (N.D. Cal., 2026-09-30), the court vacated and remanded the agency policies implementing Proclamations 10973 and 11069 and enjoined enforcement until the agencies complete notice-and-comment rulemaking. It denied relief against the proclamations themselves. So the proclamations still stand, but the machinery that collects the money is switched off by court order.

California v. Mullin had already vacated the fee guidance months earlier. A new proclamation does not undo a court order against agency policy, and the Global Nurse Force order expressly reaches the policies implementing the new one too.

For the full litigation history, our H-1B $100K fee lawsuit timeline goes case by case.

What Proclamation 11069 says about its own results

The proclamation cites government figures to justify the extension. Two stand out:

• The $100,000 was paid on over 700 petitions before the court orders.
• Consular-processing requests fell nearly 97% from FY2025 to FY2027.

Read together, the two figures suggest the restriction's main effect was on filing behavior rather than on payments: a few hundred petitions paid, while consular-processing requests nearly disappeared. The proclamation also asks agencies to recommend whether to extend the restriction again within 30 days after the next (FY2028) lottery, so September 2027 is not necessarily the end. For the rest of the government's numbers, see our breakdown of the H-1B figures in Proclamation 11069.

Timeline: how we got here

1. 2025-09-21: Proclamation 10973 takes effect with its $100,000 restriction on certain H-1B entries.
2. 2025-12-23: In Chamber of Commerce v. DHS, the D.D.C. upholds the fee. The plaintiffs appeal.
3. 2026-03-09: The D.C. Circuit hears argument in Chamber of Commerce. As of mid-October it has not ruled.
4. 2026-06-08: In California v. Mullin, the D. Mass. vacates the fee guidance.
5. 2026-07-24: The First Circuit denies the government's request to stay that vacatur.
6. 2026-09-18: Proclamation 11069 is signed. On the same day, EO 14431, a separate directive on employer layoffs as an H-1B factor, is also signed.
7. 2026-09-21: Proclamation 11069 takes effect at 12:01 a.m. EDT. The USCIS H-1B page, updated that day, says DHS will comply with the Mullin order. The district court in Mullin also denies reconsideration that day.
8. 2026-09-23: Proclamation 11069 is published at 91 FR 60497.
9. 2026-09-30: Global Nurse Force v. Trump vacates and remands the implementing policies for both proclamations and enjoins enforcement. A stay pending appeal is denied.
10. 2026-10-09: The government files a notice of appeal to the Ninth Circuit. No Ninth Circuit ruling yet.
11. 2026-11-04 (scheduled): The appellee states' brief is due in the First Circuit in California v. Mullin.

A Ninth Circuit stay ruling in Global Nurse Force, a First Circuit decision in Mullin or a D.C. Circuit decision in Chamber of Commerce could each change the answer quickly. For a quick status check, see is the $100K H-1B fee still in effect.

Old rule, new rule, what to do differently

What this means for your situation

If you're on F-1 OPT or STEM OPT and targeting a cap-subject H-1B

The proclamation is an entry restriction. By its terms it reaches consular notification, the port of entry, pre-flight inspection and pre-clearance, which is why the debate has centered on workers coming from abroad. How the now-blocked implementing guidance treated a change of status inside the United States is covered in our breakdown of whether the $100K H-1B fee applies to OPT students. Either way, USCIS is not collecting the payment while the court orders stand.

You still have two things to watch. First, the separate $103,265 fee is proposed, not final. If it is finalized as proposed, it would apply to cap-subject petitions including F-1 change of status, with cap-exempt petitioners exempt. Second, sponsorship is a business decision, and this uncertainty affects hiring even when no fee is collected.

Questions about your OPT dates, your SEVIS record or your unemployment days go to your DSO. Questions about how a petition is filed and what it costs the employer go to the employer's immigration attorney.

If you're abroad and your employer would file with consular notification

You are the person the proclamation was written for. The court orders block the fee today, but if a stay or reversal comes, USCIS has said DHS plans to collect. This is a question for a licensed immigration attorney about your specific petition. Our consular vs change-of-status decision guide lays out the general tradeoffs.

If you're already on H-1B and planning travel

The fee status does not change the stamping rules, and those cause more stranded travelers than the fee does:

• Interview waivers ("dropbox") are gone for H-1B, H-4, L-1, F-1 and J-1 since 2025.
• Third-country stamping ended 2025-09-06. You apply in your country of nationality or legal residence.
• Domestic H-1B visa renewal is not back.
• Proclamation 10998's 39-country travel ban remains in effect, unchanged since 2026-01-01.
• Wait times change constantly. Check the live travel.state.gov visa wait-times page rather than relying on a number in a blog post.

If your case involves consular notification or a first H-1B entry, talk to an immigration attorney before you book a flight.

Common mistakes

• Writing off the restriction because it "sunset." It was extended to 2027-09-21. Older articles that describe a 2026-09-20 lapse are out of date.
• Assuming the fee is being collected. It is blocked by two orders. A recruiter or staffing firm that says you must pay $100,000 for an H-1B is not describing current USCIS practice. Treat that as a red flag and take it to counsel.
• Assuming "blocked" means "gone." Both orders are on appeal, and the D.C. Circuit has not ruled on the case where the fee was upheld. USCIS has said it plans to collect if the orders are lifted.
• Confusing the $100,000 proclamation with the $103,265 proposed rule. They come from different legal authorities, have different statuses and cover different petitions.
• Confusing EO 14431 with the fee. EO 14431, signed the same day as Proclamation 11069, tells agencies to "take into account" employer layoffs in H-1B matters. It is in effect as a directive, but as of 2026-10-13 it had no implementing guidance, and it creates no automatic denial. It has nothing to do with the $100,000 payment. Our EO 14431 explainer covers it separately.
• Making a filing or travel decision from a blog post. Your petition, I-94 and I-797 govern; an attorney or DSO should review your specific facts.

How to track the next change yourself

1. Check the USCIS H-1B page first. It is where DHS posts how it is complying.
2. Read the Proclamation 11069 text for scope and exception language.
3. Watch the court dockets: Global Nurse Force v. Trump (N.D. Cal., now on appeal to the 9th Cir.) and California v. Mullin (1st Cir.). The Global Nurse Force docket is public on CourtListener.

Frequently asked questions

Is the H-1B $100K fee being collected right now? No. As of October 2026 the fee is blocked by two federal court orders, California v. Mullin (D. Mass., 2026-06-08) and Global Nurse Force v. Trump (N.D. Cal., 2026-09-30). USCIS says on its H-1B page that DHS will comply with the court's order in Mullin, and that if the order is later lifted DHS still plans to collect the payment.

What did Proclamation 11069 change? Proclamation 11069, signed 2026-09-18 and published 2026-09-23 at 91 FR 60497, extended Proclamation 10973's entry restriction for another 12 months, until 12:00 a.m. EDT on 2027-09-21. Its scope and the national-interest exception did not change. It extended the restriction on paper but did nothing to lift the court orders that block the fee.

Does the $100K fee apply to F-1 OPT students changing status to H-1B? The proclamation is an entry restriction, and USCIS is not collecting the $100,000 from anyone while the court orders stand. A separate $103,265 fee that would reach cap-subject petitions, including F-1 change of status, is only proposed. Ask the employer's immigration attorney how a specific petition is being filed, and your DSO about anything touching your OPT or SEVIS record.

Could the $100K fee come back before September 2027? It could. The government has appealed Global Nurse Force to the Ninth Circuit, California v. Mullin is on appeal in the First Circuit, and the D.C. Circuit has not yet ruled in Chamber of Commerce v. DHS, where the district court upheld the fee. If the blocking orders are stayed or reversed, USCIS has said DHS plans to collect the payment, so collection could resume without a new proclamation.

Is the $103,265 H-1B fee the same as the $100K fee? No. The $100,000 amount comes from a presidential proclamation and is currently blocked in court. The $103,265 amount is a separate DHS proposed rule whose comment period closed on 2026-09-24. No final rule has been published, so it is not in effect.

The fee may be blocked, but the uncertainty around it is still shaping which employers sponsor and how fast they move. If you want help focusing your search on employers that are still filing H-1B petitions, talk to F1Jobs.