On September 18, 2026, the White House signed two actions affecting H-1B sponsorship: a Presidential Proclamation extending the $100,000 H-1B fee policy, and an Executive Order directing closer federal review of H-1B filings. The White House also issued a Fact Sheet on both actions.
Extension of the $100,000 fee policy
The new Proclamation extends Proclamation 10973 of September 19, 2025, which required a $100,000 payment for certain new H-1B petitions filed for individuals outside the United States. The extension runs for an additional 12 months, through September 21, 2027.
The agency is not currently collecting this fee. On June 8, 2026, the U.S. District Court for the District of Massachusetts vacated the agency policy implementing the $100,000 fee. On July 24, 2026, the First Circuit Court of Appeals denied the government's request to pause that ruling while its appeal proceeds. USCIS continues to state on its website that it will comply with the court's order, and the fee is not owed at this time. Because the new Proclamation extends a policy that is currently unenforceable, it is unlikely to be enforced while the court's order remains in place.
The legal situation remains uncertain. The appeal is still pending, a separate federal court in another case has allowed the fee to stand, and a higher court may review it. The extension also signals the Administration's intent to reinstate the fee if the litigation is resolved in its favor.
New Executive Order on H-1B program integrity
The Executive Order directs the Departments of State, Labor, and Homeland Security to coordinate more closely and to share data with other agencies when reviewing labor condition applications, H-1B petitions, and visa applications. Agencies are directed to consider whether a sponsoring employer has conducted layoffs in the past year, or plans future layoffs, that affect similarly situated U.S. workers. The Order does not change H-1B eligibility requirements, but it may lead to more intensive review of H-1B filings.
Separate proposed H-1B fee
On August 25, 2026, DHS published a proposed rule establishing a $103,265 fee for H-1B cap-subject petitions, including those eligible for the advanced degree exemption and requests for change of status. The rule would not apply to cap-exempt petitions, such as those filed by Yale, but it could affect Yale students and scholars who plan to seek H-1B sponsorship from cap-subject employers, including F-1 students on OPT or STEM OPT. This is a proposed rule only and is not in effect. The public comment period closes September 24, 2026.
What does this mean for the Yale community?
Current H-1B holders do not need to take any action now. Departments and hiring units planning new H-1B sponsorship, particularly for individuals abroad who will need consular processing, should contact their designated OISS adviser to discuss strategy, timeline, and options. Given the possibility of increased scrutiny, departments should also ensure that job descriptions, work locations, and salary information in H-1B filings remain accurate and notify OISS in advance of any planned changes to an H-1B employee's position.
OISS will continue to monitor developments and post updates here.
