White House Extends $100K H-1B Fee, Tightens Compliance Oversight
The White House extended the $100,000 H-1B visa fee and boosted employer compliance checks.
Why it matters: Immigration attorneys and corporate legal teams must navigate stricter rules and the fee extension, increasing compliance complexities and impacting H-1B visa sponsorship strategies.
- September 18, 2026 executive order mandates tighter interagency coordination among State, Labor, Homeland Security, Commerce, Education, and SBA.
- $100,000 fee for certain H-1B petitions extended through September 21, 2027, originally effective September 21, 2025.
- Federal court order since July 2026 blocks USCIS from collecting the $100,000 fee, pending appeal.
- Employers' past and planned layoffs now factor into H-1B visa adjudications under the new order.
On September 18, 2026, the White House issued an executive order titled "Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program" to increase oversight of H-1B visa petitions.
The order instructs the Departments of State, Labor, and Homeland Security to coordinate with the Departments of Commerce, Education, and the Small Business Administration. This intensified collaboration focuses on scrutinizing labor condition applications, petitions, visa issuance, and entry compliance.
Kirsten Crovello, attorney at Greenberg Traurig, observed that the coordination aims to ensure integrity and fairness in the H-1B process by enhancing interagency communication.
A critical new aspect is the consideration of whether H-1B sponsoring employers have engaged in layoffs during the prior year or intend future layoffs that adversely affect U.S. workers similarly situated. This factor will influence visa approval decisions, placing additional compliance scrutiny on employers.
Concurrent with the executive order, a presidential proclamation extended the $100,000 payment requirement for certain new H-1B visa petitions for 12 months, through September 21, 2027. This fee applies to petitions filed on or after September 21, 2025, supplementing existing filing fees.
However, a July 2026 federal court order currently bars USCIS from collecting this $100,000 fee. According to Mintz attorney Arash R. Bahar, employers are not currently required to pay the fee until the legal challenges are resolved.
The combined effect of the compliance intensification and fee extension signals heightened scrutiny of the H-1B program amid ongoing efforts to protect U.S. workers and maintain program integrity. Immigration counsel and corporate legal teams should closely monitor these developments to adapt their sponsorship and compliance strategies accordingly.
By the numbers:
- $100,000 — fee threshold for certain new H-1B petitions filed starting September 21, 2025
- 12 months — extension length of the $100,000 H-1B fee through September 21, 2027
- July 2026 — federal court order blocking collection of the $100,000 fee
Yes, but: Despite the fee extension, employers currently do not have to pay due to a federal court order blocking fee collection, creating uncertainty.
What's next: Await federal court appeal decision on the $100,000 H-1B fee collection, impacting enforcement timelines.