Second Court Blocks $100,000 H-1B Payment, Including 2026 Extension

What happened

On September 18, 2026, the President signed Proclamation 11069. It extends the 2025 proclamation that requires a $100,000 payment with certain new H-1B petitions for another 12 months, until September 21, 2027.

Twelve days later, on September 30, 2026, the US District Court for the Northern District of California ruled in Global Nurse Force v. Trump. Judge Haywood S. Gilliam Jr. granted part of the plaintiffs’ motion and vacated the agency policies that put the payment into effect, under both the original Proclamation 10973 and the extension. The court found the agencies likely failed to follow the notice-and-comment process required by the Administrative Procedure Act. The agencies and anyone acting for them are barred from enforcing those policies until they complete that rulemaking. The court also denied the government’s request to stay the order pending appeal, waived any bond, and denied the motion to dismiss and the request for class certification.

Who is affected

The $100,000 payment was aimed mainly at new H-1B petitions for workers outside the United States. According to USCIS, it did not apply to petitions filed before September 21, 2025, to valid H-1B visas already issued, or to in-country extensions, amendments and changes of status that are granted.

What it means for your move

This is the second court order blocking the payment. On June 8, 2026, a federal court in Massachusetts vacated the agency guidance in California v. Mullin, and the First Circuit refused to pause that ruling on July 24, 2026. The California court noted that, because of the Massachusetts ruling, the $100,000 fee was already no longer in effect. The new order extends that to the September 2026 extension.

For now, employers do not have to pay $100,000 to file an H-1B petition. USCIS says that if the court orders are lifted, DHS still plans to collect the payment. The order does not address refunds for employers who already paid. It also does not affect the separate proposed $103,265 fee on H-1B cap petitions, which is still only a proposal. Our H-1B $100,000 fee tracker covers both.

What to do now

• Employers can file H-1B petitions using the regular fees on Form G-1055.
• Keep records of any $100,000 payment already made, in case a refund process opens later.
• Workers abroad should confirm with their employer’s attorney before travel or consular steps. Our H-1B process guide covers the normal timeline.
• Rules can change quickly while appeals continue. A licensed immigration attorney can advise on timing.

What happens next

The government can appeal to the Ninth Circuit, and its appeal of the Massachusetts ruling is pending at the First Circuit. The California court set a case management conference for October 27, 2026. A separate challenge led by the US Chamber of Commerce is reported to be pending at the DC Circuit. Follow updates on our US country page and the updates tracker.