The record
Written from the 1 report below. Nothing here is unsourced.
- US President Donald Trump has extended the $100,000 H-1B visa fee policy through September 21, 2027.
- A federal district court has struck down the original fee policy, and an appeals court refused to stay that order, so USCIS remains barred from collecting the $100,000 fee for now.
- USCIS has separately proposed a regulation imposing a fee of more than $103,000 on all cap-subject H-1B petitions, which could stack on top of the proclamation fee.
- If both fees were ever enforced together, employers could face combined costs of over $200,000 per H-1B petition.
- Indian tech professionals dominate the H-1B programme, so the extended policy and any revived fees would disproportionately affect Indian workers and their employers.
What to watch next
- Whether plaintiffs in the ongoing litigation challenge USCIS if it treats the new proclamation as outside the existing court order.
- Whether the Trump administration attempts to make high fees permanent through the notice-and-comment rulemaking process.
- The fate of the proposed $103K USCIS regulation for cap-subject H-1B petitions.
Who said what3
Only words found exactly in the article are shown, attributed and linked to the line they came from.
Mitch Wexler
senior counsel at Fragomen, a global immigration law firm
2 quotes · 1 outlet
“The US Citizenship and Immigration Services (USCIS) remains barred from collecting the $100K H-1B fee under the Sept 2025 proclamation, which was due to expire on Sept 21, 2026. Since the new proclamation is issued as an extension, USCIS should be barred from collecting the $100K fee under the new proclamation as well.”
In the article
…attorneys emphasize that despite the White House's aggressive push, the fee remains legally blocked by a federal court order. Mitch Wexler, senior counsel at Fragomen, a global immigration law firm explained, “ The US Citizenship and Immigration Services (USCIS) remains barred from collecting the $100K H-1B fee under the Sept 2025 proclamation, which was due to expire on Sept 21, 2026. Since the new proclamation is issued as an extension, USCIS should be barred from collecting the $100K fee under the new proclamation as well. If USCIS takes the position that the new proclamation is outside of the purview of the existing court order, plaintiffs in the ongoing litigation are likely to quickly challenge that view.” Greg Siskind, co-founder at…
“In addition, last month, USCIS separately proposed a regulation that would impose a fee of more than $103K on all cap-subjectH-1B petitions. That fee would be separate from and in addition to the $100K H-1B proclamation fee, where applicable, if the proclamation fee were to be reinstated by further court order.”
In the article
…and were selected in the lottery, but will also cover students from within the US who are transiting from a F-1 visa to an H-1B. Read also: US proposes $103,265 H-1B fee: Hiring set to become more costlyWexler adds, “ In addition, last month, USCIS separately proposed a regulation that would impose a fee of more than $103K on all cap-subjectH-1B petitions. That fee would be separate from and in addition to the $100K H-1B proclamation fee, where applicable, if the proclamation fee were to be reinstated by further court order. ” Thus, if the proclamation fee is ultimately revived by higher courts and the separate USCIS cap-subject fee rule goes into final effect, affected employers could theoretically face cumulative financial barriers…
Greg Siskind
co-founder at Siskind Susser, an immigration law firm
1 quote · 1 outlet
“Finally, my Administration continues to explore other complementary efforts that would, among other things, reform the H-1B program and assist with cost-recovery for immigration program administration.”
In the article
…applies to people seeking admission from outside the US (via consulates or ports of entry)—turning previous agency guidance into official proclamation text. The preamble to this proclamation explicitly states that: “ Finally, my Administration continues to explore other complementary efforts that would, among other things, reform the H-1B program and assist with cost-recovery for immigration program administration. ” Siskind adds that this signals that the Trump administration may try to implement permanent high fees through the standard rule making process of notice-and-comment. Furthermore, sponsoring employers could also face a…
Coverage1
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Named United States · India · Donald Trump · Fragomen · Greg Siskind · Mitch Wexler · National Foundation for American Policy · Siskind Susser · US Citizenship and Immigration Services
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