Presidential Proclamation Issued Renewing the $100,000 H-1B fee on New Petitions (Consular Processing)
19 September 2026
President Trump has again imposed (on a Friday night), by Proclamation, a $100,000 fee on new H1B petitions filed for consular processed cases. This, despite the fact the fee under the original proclamation in September 2025 was overturned by the courts in June. The government appealed, and on July 24, 2026, the U.S. Court of Appeals for the First Circuit denied the government’s appeal, so the 2025 $100,000 is not in effect while the case proceeds. The renewed proclamation goes into effect on 9/21/2026, at 12:01 am Eastern time.
Exceptions by industry are mentioned as possible, but not explicitly noted.
Renewed proclamation:
There is also a “fact” sheet regarding the renewal of the proclamation: here: https://www.whitehouse.gov/fact-sheets/2026/09/fact-sheet-president-donald-j-trump-further-enhances-program-integrity-and-interagency-coordination-in-the-h-1b-visa-program/
A proposed regulation regarding a new H1B fee of $103,265 is still pending. You can find the rule here:
https://www.govinfo.gov/content/pkg/FR-2026-08-25/pdf/2026-17324.pdf
Note the comment period for this pending rule is open through 9/24/2026. Search for DHS Docket No. USCIS–2026–0298, through the Federal eRulemaking Portal:
We will share more information as it becomes available.