The President extends the $100,000 payment condition on entry of H-1B workers for another 12 months
As of our last check on November 3, 2026, this has been signed by the President. It may need agency action before it affects employers.
We check the Federal Register daily for later actions. We check federal court opinions for rulings on published rules weekly, on Mondays. A ruling can take time to reach us, so not finding one here does not mean there is none.
In short
- What changed
- A presidential proclamation continues the limits set by Proclamation 10973 of September 2025: H-1B specialty occupation workers may enter the United States only if their petitions are accompanied or supplemented by a $100,000 payment, subject to narrow exceptions. The extension took effect at 12:01 a.m. eastern daylight time on September 21, 2026, and the proclamation says it runs until September 21, 2027.
- Who's affected
- Employers of any size that file H-1B petitions for workers who are outside the United States and must seek admission to start work. The proclamation singles out information technology staffing and outsourcing firms.
- What to do
- The proclamation continues an existing payment condition rather than clearly creating a new duty. For affected petitions, employers must make the $100,000 payment and, before filing for a worker outside the United States, obtain and keep documentation that it was paid.
What changed
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From the sourcePreamble (introductory paragraphs)
It is therefore in the interests of the United States to extend the 2025 Proclamation for an additional 12 months, until 12:00 a.m. eastern daylight time on September 21, 2027.
Also: Preamble (introductory paragraphs)
I have decided to continue to impose the limitations set forth in Proclamation 10973 on the entry into the United States by certain nonimmigrant workers.
The proclamation extends Proclamation 10973 (the 2025 Proclamation) for an additional 12 months, until 12:00 a.m. eastern daylight time on September 21, 2027, and continues its limits on entry of certain nonimmigrant workers.
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From the sourceSec. 1(a)
the entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation ... is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000
Entry into the United States of H-1B specialty occupation workers is restricted unless their petitions are accompanied or supplemented by a $100,000 payment, effective 12:01 a.m. eastern daylight time on September 21, 2026.
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From the sourceSec. 1(b)
The Secretary of Homeland Security shall restrict decisions on petitions not accompanied by a $100,000 payment for H-1B specialty occupation workers ... who are currently outside the United States, for 12 months following the effective date of this proclamation
For 12 months, the Secretary of Homeland Security is to restrict decisions on H-1B petitions not accompanied by the $100,000 payment for workers who are currently outside the United States.
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From the sourceSec. 1(c)
shall not apply to any individual alien, all aliens working for a company, or all aliens working in an industry, if the Secretary of Homeland Security determines, in the Secretary's discretion, that the hiring of such aliens to be employed as H-1B specialty occupation workers is in the national interest
The Secretary of Homeland Security may, at the Secretary's discretion, exempt an individual worker, all workers of a company, or all workers in an industry when their hiring is found to be in the national interest.
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From the sourceSec. 2(b)
shall approve only those visa applications for which the filing employer has made the payment described in section 1 of this proclamation.
The Secretary of State is to verify the payment during the visa process and approve only visa applications for which the filing employer has paid.
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From the sourceSec. 3(b)
No later than 30 days following the completion of the H-1B lottery that immediately follows this proclamation
Also: Sec. 3(b)
a recommendation on whether an additional extension or renewal of the restriction on entry pursuant to section 1 of this proclamation is in the interests of the United States.
Four cabinet officials must recommend to the President, within 30 days after the next H-1B lottery, whether the restriction should be extended or renewed again.
Who is affected
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From the sourceSec. 2(a)
Employers shall, prior to filing an H-1B petition on behalf of an alien outside the United States, obtain and retain documentation showing that the payment described in section 1 of this proclamation has been made.
Employers that file H-1B petitions for workers who are outside the United States must have documentation of the payment before filing.
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From the sourceSec. 3(a)
shall apply only to aliens who enter or attempt to enter the United States after the effective date of this proclamation
Also: Sec. 3(a)
This restriction applies to aliens who must seek admission to the United States to effectuate the approval of a petition described in section 1 of this proclamation, including through consular notification, notification at a port of entry, pre-flight inspection, or pre-clearance.
The restriction applies only to workers who enter or try to enter after the effective date and who must seek admission to carry out an approved petition, including through consular notification, a port of entry, pre-flight inspection or pre-clearance.
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From the sourcePreamble (introductory paragraphs)
Certain employers, including information technology (IT) staffing and outsourcing firms, have abused the system to suppress wages and displace American workers
The proclamation names information technology staffing and outsourcing firms as employers that abused the H-1B program.
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Our analysisSec. 3(a)
This restriction applies to aliens who must seek admission to the United States to effectuate the approval of a petition described in section 1 of this proclamation
Based on Section 3(a), petitions for workers who do not need to seek admission to the United States to carry out the petition appear to fall outside the restriction as written. The proclamation does not discuss these cases further.
What it means in practice
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Our analysisSec. 1(a)
except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000
Each affected H-1B hire from abroad costs an extra $100,000 through at least September 21, 2027, unless an exception applies.
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From the sourcePreamble (introductory paragraphs)
since then, the $100,000 payment has been made for over 700 petitions.
Also: Preamble (introductory paragraphs)
the largest IT staffing and outsourcing firms reducing their combined H-1B registrations from 24,946 to 2,055, a 92 percent decrease.
The proclamation reports that the payment has been made for over 700 petitions since September 21, 2025, and that the largest information technology staffing and outsourcing firms cut their combined H-1B registrations by 92 percent.
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From the sourcePreamble (introductory paragraphs)
DHS created and implemented a weighted selection process that prioritizes the allocation of visas to higher-skilled and higher-paid aliens
Also: Preamble (introductory paragraphs)
was in effect for the Fiscal Year (FY) 2027 H-1B cap season.
The proclamation says a Department of Homeland Security (DHS) final rule created a weighted H-1B selection process that favors higher-skilled and higher-paid workers, in effect for the fiscal year 2027 cap season.
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From the sourcePreamble (introductory paragraphs)
The rule, once finalized, will better align prevailing wage levels with wages paid to similarly employed and located American workers
The proclamation says a pending Department of Labor (DOL) proposed rule, once finalized, will better align prevailing wage levels with wages of similarly employed American workers.
What to do
AmendSignal analysis sorts these by whether this document changes them.
Already required
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From the sourceSec. 1(a)
except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000
Also: Sec. 2(c)
to deny entry to the United States to any H-1B nonimmigrant for whom the prospective employer has not made the payment described in section 1 of this proclamation.
Also: Preamble (introductory paragraphs)
I have decided to continue to impose the limitations set forth in Proclamation 10973 on the entry into the United States by certain nonimmigrant workers.
For an H-1B specialty occupation worker who must enter the United States, the petition must be accompanied or supplemented by a $100,000 payment, unless the Secretary of Homeland Security grants a national interest exception. Otherwise the worker is denied entry.
Required
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From the sourceSec. 2(a)
Employers shall, prior to filing an H-1B petition on behalf of an alien outside the United States, obtain and retain documentation showing that the payment described in section 1 of this proclamation has been made.
Before filing an H-1B petition for a worker who is outside the United States, employers must obtain and keep documentation showing the $100,000 payment has been made.
Worth considering
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Our suggestionSec. 3(a)
This restriction applies to aliens who must seek admission to the United States to effectuate the approval of a petition described in section 1 of this proclamation
Consider identifying planned H-1B hires who are outside the United States and would need to seek admission, and budgeting $100,000 for each one through September 21, 2027.
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Our suggestionSec. 2(a)
Employers shall, prior to filing an H-1B petition on behalf of an alien outside the United States, obtain and retain documentation showing that the payment described in section 1 of this proclamation has been made.
Consider setting up a step in your petition process to confirm the payment and keep proof of it on file before any petition for a worker outside the United States is filed.
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Our suggestionSec. 1(c)
if the Secretary of Homeland Security determines, in the Secretary's discretion, that the hiring of such aliens to be employed as H-1B specialty occupation workers is in the national interest
Consider whether a national interest exception might fit a key hire, keeping in mind that the decision rests with the Secretary of Homeland Security's discretion.
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Our suggestionSec. 3(b)
No later than 30 days following the completion of the H-1B lottery that immediately follows this proclamation
Also: Preamble (introductory paragraphs)
The rule, once finalized, will better align prevailing wage levels with wages paid to similarly employed and located American workers
Consider watching for a decision on a further extension after the next H-1B lottery, and for a final Department of Labor rule on prevailing wage levels, when planning hiring for 2027 and beyond.
Open questions
The source leaves these open. We'll update this record if a later document answers them.
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How is the $100,000 payment made, and what documentation counts as proof that it was made?
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Did the 2025 Proclamation already require employers to keep payment documentation before filing, or is that step new?
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How does an employer ask for a national interest exception?
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Does the payment apply to H-1B workers who already hold a visa and re-enter the United States after travel abroad?
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Will the restriction be extended again after September 21, 2027?
Related changes
History
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Restriction on Entry of Certain Nonimmigrant Workers Source (opens in a new tab)