September 30, 2026
On September 30, 2026, a federal district court in California issued an order blocking U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), and the U.S. Department of State from enforcing or implementing the $100,000 H-1B payment requirement established under Presidential Proclamation 10973 and extended by Presidential Proclamation 11069.
The decision provides immediate relief to employers sponsoring H-1B workers, particularly in cases involving beneficiaries outside the United States who require consular processing or admission to the United States.
Key Takeaways
- The $100,000 H-1B payment is currently not required. The California court has blocked the relevant agencies from enforcing or implementing the payment requirement unless and until they comply with applicable rulemaking requirements under the Administrative Procedure Act (APA).
- The decision applies to USCIS, CBP, and the Department of State. The order therefore affects the agencies involved in processing H-1B petitions, issuing visas, and admitting H-1B workers to the United States.
- The California decision is the second federal district court ruling blocking the payment requirement. A federal district court in Massachusetts previously issued a similar injunction. That decision is currently on appeal before the U.S. Court of Appeals for the First Circuit.
- The separate proposed $103,265 H-1B fee is not affected. The Department of Homeland Security (DHS) has separately proposed a $103,265 fee for certain H-1B cap-subject petitions. That proposal remains subject to the federal rulemaking process and is not currently in effect.
Background
The $100,000 payment requirement was introduced through Presidential Proclamation 10973, issued on September 19, 2025. As implemented by USCIS, CBP, and the Department of State, the requirement primarily affected certain H-1B workers outside the United States who required consular processing or admission at a U.S. port of entry.
On September 18, 2026, President Trump issued Presidential Proclamation 11069, extending the restriction through September 21, 2027.
The requirement has been challenged in federal court by a coalition of employers, labor organizations, educational institutions, healthcare providers, religious organizations, and individuals.
On September 30, 2026, the California federal district court ordered the agencies to cease enforcing or implementing the proclamation-based payment requirement unless and until they comply with the rulemaking requirements of the APA.
Impact on H-1B Employers
For employers, the immediate practical effect is that the $100,000 proclamation-based payment is not currently required.
This includes H-1B cases involving workers who will require consular processing or admission to the United States from abroad. Employers should, however, continue to monitor the litigation Global Nurse Force v. Trump, as the current court orders remain subject to further judicial proceedings and could be modified or lifted.
The California court has scheduled a case management conference for October 27, 2026, with a joint case management statement due October 20, 2026.
Employers should also carefully distinguish the $100,000 payment from the separate proposed $103,265 DHS fee for certain H-1B cap-subject petitions. The proposed $103,265 fee is being considered through a separate rulemaking process and was not affected by the September 30 court order. It is not currently in effect, and DHS has not yet issued a final rule.
What Employers Should Do Now
Employers sponsoring H-1B workers should continue to monitor developments closely and assess each case based on the applicable immigration pathway and current agency guidance.
Currently, the $100,000 proclamation-based payment should not be included as a required cost for H-1B cases. Employers should nevertheless remain prepared for further changes, as additional court decisions, appeals, or agency actions could alter the requirements applicable to H-1B petitions and admission to the United States.
We will continue to monitor the litigation and provide updates as further developments occur.