Author: Eli Greenspan, Policy Advisor for AAPPR through Polsinelli

Last Updated: September 22, 2026

What is the latest H-1B Update?

On September 18, the Trump Administration extended for another year the proclamation imposing a $100,000 payment requirement on certain new H-1B petitions for workers outside the United States. The policy, which was set to expire this month, is now scheduled to remain in place through September 21, 2027.

What does this mean right now?

The extension does not resolve the ongoing court challenges over whether the Administration has legal authority to impose the $100,000 fee. As we reported in July, a federal judge in Massachusetts struck down the fee, and the First Circuit subsequently declined to put it back into effect while the government appeals. As a result, the $100,000 payment is not currently being collected under that ruling.

The Administration’s latest action does mean, however, that the underlying policy will remain in place for another year if the government ultimately prevails in court.

Separately, a new Executive Order directs federal agencies to increase coordination and scrutiny of H-1B petitions, including by considering whether sponsoring employers have recently laid off, or plan to lay off, similarly situated U.S. workers.

For health care employers, the legal uncertainty therefore continues. AAPPR will continue monitoring the litigation and other H-1B policy developments. We will also continue advocating for policies that ensure health care organizations can recruit the physicians and other providers their communities need.