White House Extends the H-1B $100K Restriction | Fee Still Blocked | Some Consular Processing Cases Still Stalled

The $100,000 H-1B fee is currently blocked by the courts.

But the White House has now extended the underlying $100,000 H-1B fee for another year, through September 21, 2027.

On June 8, 2026, a federal court in Massachusetts vacated the government policy implementing the $100,000 payment requirement for certain H-1B petitions.

The government appealed and asked the First Circuit to allow it to resume enforcing the payment requirement while the appeal continues.

On July 24, the First Circuit denied that request.

So, for now, USCIS is not collecting the $100,000 payment. The appeal itself is still pending.

On September 18, the White House issued a new proclamation extending the restriction for another year, through September 21, 2027.

So even though the White House has now extended the proclamation for another year, the court order blocking the $100,000 remains in place for now.

Many immigration attorneys are reporting H-1B petitions requesting consular processing that remain pending without an approval or denial.

In some Premium Processing cases, the Premium Processing fee has been refunded; in others, the cases appear to remain pending beyond the normal Premium Processing time.

No $100,000 fee collection. But for many consular processing cases, no decision either.