US President Donald Trump has extended his policy imposing a $100,000 fee on certain H-1B visa applications for another year, the White House said on Friday. The extension comes as courts continue to examine whether the government has the legal power to impose such a large fee.
The policy will now remain in place until September 21, 2027. There are limited exceptions for workers, companies and industries that are considered to be in the national interest.
The White House has said the measure has reduced employers’ dependence on lower-paid foreign workers. The presidential proclamation says the restrictions have been “highly effective” and that the conditions behind the policy still exist.
However, the legal status of the fee remains uncertain because a federal court in Massachusetts struck it down in June. The government has appealed that decision.
What the $100,000 fee means
The H-1B programme was created by Congress in 1990. It allows US technology companies to hire workers from countries such as India and China. The higher fee does not apply to every H-1B worker.
Trump’s original order, issued in September 2025, did not cover foreign students who were already in the US on student visas and later moved to H-1B status. Such students make up a large share of new H-1B recipients.
The fee also did not apply to renewals of existing H-1B visas.
The administration has argued that the higher fee can reduce companies’ use of lower-paid foreign workers. Business groups and companies, however, say H-1B visas are important because they help them find highly skilled workers when they cannot find enough qualified people in the US.
Court battle over the fee
The $100,000 fee has been challenged in court since it was introduced.
A federal judge in June ruled that the higher fee imposed by the Trump administration was illegal and blocked the government from collecting it. The case is now being reviewed by a Boston-based appeals court.
At the same time, another court is considering a separate challenge brought by the US Chamber of Commerce, the country’s largest business lobbying group.
Trump’s first order on the fee was issued in September 2025 and was set to expire this month. The ongoing court cases mean that the extension does not settle whether the government can legally collect the $100,000 fee.
The practical position for employers remains unclear because updated USCIS guidance on how the extension interacts with the court’s ruling could not be found. Employers are therefore expected to check with immigration lawyers before deciding how to proceed.
Why H-1B visas matter to Indian workers
Indian workers make up a large share of the people who receive H-1B visas, especially in technology and other specialised jobs.
The programme allows US companies to bring skilled workers from abroad for a few years. For many Indian technology professionals, an H-1B visa is an important route to work in the US.
The higher fee is therefore a major concern for companies that want to bring workers from India and other countries into the US.
The uncertainty around H-1B visas is already affecting some companies’ hiring and expansion plans. Changes in how potential visa holders are scrutinised and processed have added to that uncertainty.
Some major companies that use large numbers of H-1B workers are increasing their operations in India.
H-1B faces other changes too
The $100,000 fee is only one of several recent changes to the H-1B programme.
The Department of Homeland Security has finalised a wage-weighted lottery for the FY 2027 H-1B cap. Under the new system, higher-paid jobs will receive more weight in the selection process.
There has also been a change to another H-1B-related fee.
The $4,000 H-1B and $4,500 L-1 “9-11 Response” fees have been expanded to cover extension petitions filed by certain large employers. The rule applies to companies with at least 50 US employees where more than half of those workers are on H-1B or L-1 status.
The change took effect on September 9, 2026. It is expected to affect large outsourcing companies more than smaller employers.
What happens next?
The First Circuit’s decision on the main legal challenge will be important for employers and H-1B applicants.
The status of the US Chamber of Commerce case, any attempt by the Trump administration to take the issue to the Supreme Court and new USCIS guidance will also determine how the $100,000 fee is handled in practice.