Proclamation · United States · Executive Office of the President

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.

Added to AmendSignal

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

Who is affected

What it means in practice

What to do

AmendSignal analysis sorts these by whether this document changes them.

Already required

Required

Worth considering

Open questions

The source leaves these open. We'll update this record if a later document answers them.

  • How is the $100,000 payment made, and what documentation counts as proof that it was made?

    The proclamation requires employers to obtain and keep documentation of payment but does not describe the payment method or the form of proof.

  • Did the 2025 Proclamation already require employers to keep payment documentation before filing, or is that step new?

    This proclamation says it continues the 2025 limits but does not say whether the documentation step in Section 2(a) existed before.

  • How does an employer ask for a national interest exception?

    Section 1(c) leaves exceptions to the Secretary of Homeland Security's discretion and describes no request process.

  • Does the payment apply to H-1B workers who already hold a visa and re-enter the United States after travel abroad?

    Section 3(a) covers workers who must seek admission to carry out approval of a petition, and the proclamation does not address returning workers further.

  • Will the restriction be extended again after September 21, 2027?

    Section 3(b) calls for a recommendation within 30 days after the next H-1B lottery, so the decision is not made in this proclamation.

Related changes

History

  1. Latest · · Issued

    Restriction on Entry of Certain Nonimmigrant Workers Source (opens in a new tab)

Sources