The extended restriction applies to certain H-1B workers outside the United States and gives the Department of Homeland Security limited authority to grant national-interest exceptions.
The Trump administration has extended the $100,000 payment requirement attached to certain H-1B petitions for another year, keeping the restriction in place until September 21, 2027.
President Donald Trump signed the new proclamation on September 18, extending the measure first introduced in September 2025. The White House says the extension is necessary because the conditions that led to the original restrictions—including concerns over alleged abuse of the H-1B system and pressure on the US labour market—continue to exist.
The move is particularly significant for Indian technology professionals, who make up a large share of H-1B beneficiaries. It could also affect US companies that depend on international recruitment for engineering, software and other specialised positions.
Also Read | NSE IPO Opens Today: GMP, ₹22,569 Crore Issue, Valuation, Financials and 10 Key Things to Know
What Has Trump Extended?
The original H-1B restriction took effect on September 21, 2025.
Under the renewed proclamation, the entry of certain H-1B specialty-occupation workers who are outside the US remains restricted unless the employer’s petition is accompanied or supplemented by a $100,000 payment. The extension takes effect at 12:01 a.m. Eastern time on September 21, 2026 and is scheduled to expire 12 months later, on September 21, 2027, unless extended again.
The measure primarily concerns workers who are outside the United States and need admission to begin or continue employment under an affected H-1B petition.
It should therefore not be interpreted as a blanket $100,000 charge on every H-1B worker or every existing H-1B visa holder.
Is the $100,000 Payment an Annual Visa Fee?
Not exactly.
The policy establishes a $100,000 payment requirement connected to covered H-1B petitions and entry, rather than a standard annual fee that every H-1B holder must personally pay.
The White House’s proclamation says employers must obtain and retain documentation showing that the required payment has been made before filing an affected petition for a worker outside the United States. The State Department is also directed to verify payment during the visa process.
This distinction matters because the financial burden is primarily placed on the employer sponsoring the affected worker, rather than being described as a $100,000 visa charge payable personally by the employee.
Who Could Be Affected?
The restriction applies to certain H-1B specialty-occupation workers who are outside the US and seeking entry under covered petitions.
That can include professionals working in areas such as:
- Software development
- Information technology
- Engineering
- Data and technology roles
- Other specialised occupations qualifying for H-1B status
The practical impact will depend on the worker’s circumstances, the petition and whether an exception applies.
Workers already lawfully present in the United States are not simply required to pay $100,000 because they hold H-1B status.
Why Indian Engineers Are Watching the Rule Closely
India is particularly important in the H-1B system because Indian nationals account for a substantial proportion of approved H-1B petitions.
The supplied material cites US government data showing Indian beneficiaries accounted for nearly 70% of approved H-1B petitions in FY2025, compared with approximately 12.1% for Chinese beneficiaries.
That concentration means changes affecting H-1B recruitment can have a disproportionate effect on Indian technology professionals seeking US employment.
For an American employer, an additional $100,000 payment can significantly change the economics of recruiting an overseas candidate, particularly for junior or mid-level positions.
Also Read | NSE IPO Opens Today: GMP, ₹22,569 Crore Issue, Valuation, Financials and 10 Key Things to Know
Why the Trump Administration Says the Rule Is Necessary
The White House argues that parts of the H-1B programme have been misused by some employers, staffing companies and outsourcing firms.
According to the administration, certain companies have used lower-paid foreign workers to replace or displace US employees rather than using the programme to supplement highly specialised talent. The administration has particularly highlighted concerns involving IT staffing and outsourcing companies.
The administration also points to labour-market concerns, including unemployment and underemployment among recent US graduates, as reasons for continuing the restrictions.
These are the administration’s stated justifications, rather than an independent finding that every H-1B employer or worker is involved in such practices.
The Administration Says H-1B Registrations Have Fallen
The White House says the previous restrictions have already changed H-1B filing patterns.
According to a September 2026 White House fact sheet, registrations submitted by the largest IT outsourcing companies have fallen by 92% since the 2025 proclamation took effect.
The administration describes this as evidence that the policy has reduced what it considers lower-wage or lower-skilled recruitment.
For employers and workers, however, the same change also indicates that the higher cost can materially affect companies’ willingness to sponsor overseas workers.
What Does This Mean for Indian Software Professionals?
The extension could make the US job market more difficult to access for some Indian professionals who need a new H-1B sponsorship from outside the country.
Junior Workers Could Face Greater Employer Resistance
A company may be less willing to spend $100,000 on an overseas candidate for a role that can potentially be filled domestically.
This could make employers more selective when considering international candidates.
Highly Specialised Professionals May Still Be Attractive
For candidates with scarce technical expertise, employers may be more willing to absorb the additional cost if they consider the position difficult to fill through the domestic labour market.
However, the proclamation does not guarantee that such candidates will receive an exemption.
IT Staffing Firms Face Additional Pressure
Companies operating in IT staffing and outsourcing are specifically identified by the administration as areas of concern.
That could lead employers to review how they structure H-1B hiring and sponsorship.
Indian Graduates Could See Fewer Entry-Level Opportunities
If companies reduce overseas recruitment because of the additional cost, recent graduates and early-career professionals could face greater competition for available positions.
The actual effect will vary by employer, occupation and the availability of alternative candidates.
National-Interest Waivers Are Possible
The proclamation gives the Secretary of Homeland Security discretion to exempt:
- An individual worker
- All workers employed by a particular company
- Workers in an entire industry
Such an exception can be granted if the Secretary determines that employing the H-1B workers is in the national interest and does not pose a threat to US security or welfare.
This provides an important exception to the general restriction, although the proclamation does not establish that any particular Indian professional or industry will automatically qualify.
A New Layer of Scrutiny for Employers
The $100,000 payment is not the only H-1B-related change announced by the administration.
A separate executive order signed on September 18 directs federal agencies to consider whether an employer has laid off similarly situated US workers when reviewing H-1B applications and petitions.
The order also directs the Labor Department to review previously submitted labour-condition applications and determine whether additional action against sponsoring employers may be warranted.
This means companies could face greater scrutiny not only over the cost of sponsorship but also over their employment and layoff practices.
What About Existing H-1B Workers?
The extension should not be read as requiring every existing H-1B worker to pay $100,000.
The proclamation specifically focuses on restrictions involving entry and petitions for certain workers currently outside the United States.
Therefore, the circumstances of an individual worker—such as whether they are already in the US, whether they need a new visa for entry and whether their petition falls within the covered category—matter.
Workers should assess their individual immigration situation with qualified US immigration counsel rather than assuming that the rule applies identically to everyone.
Also Read | NSE IPO Opens Today: GMP, ₹22,569 Crore Issue, Valuation, Financials and 10 Key Things to Know
H-1B Rule: Old Cost vs New Requirement
The supplied material compares the previous standard H-1B registration and petition costs with the new $100,000 requirement.
However, those figures should not be treated as a simple $995-to-$100,000 replacement, because the H-1B process involves multiple fees that vary according to the petition and employer.
The significant point is that the new requirement represents a major additional financial burden for employers sponsoring covered workers outside the United States.
The original 2025 proclamation established the $100,000 payment requirement for covered petitions submitted after September 21, 2025.
What Indian Workers Should Know Before Planning a US Move
Indian engineers and technology professionals considering US employment should pay attention to several factors:
- Where they are physically located when the petition is processed and entry is sought.
- Whether their employer is willing to bear the additional payment.
- Whether their petition falls within the scope of the proclamation.
- Whether a national-interest exception could apply.
- Whether additional H-1B rules affect the selection or petition process.
- Whether their employer has recently conducted layoffs involving comparable US workers.
These factors can materially change how the policy affects an individual applicant.
What Happens Until September 2027?
The renewed restriction is scheduled to remain in force through September 21, 2027, unless it is extended again or changed earlier.
The proclamation also requires senior administration officials to make a recommendation on whether another extension would be in the US interest after the H-1B lottery that follows the proclamation.
Meanwhile, the administration is pursuing additional changes to the H-1B system, including greater scrutiny of employers and a continued focus on wages, recruitment practices and labour-market effects.
H-1B $100,000 Rule: Key Facts
| Particular | Details |
|---|---|
| US President | Donald Trump |
| Payment requirement | $100,000 |
| Extended until | September 21, 2027 |
| Original restriction | Effective September 21, 2025 |
| Applies primarily to | Certain H-1B workers outside the US |
| Payment made by | Sponsoring employer |
| Main sectors affected | Specialty occupations, including technology roles |
| Possible exception | National-interest determination |
| Exception authority | Secretary of Homeland Security |
| Additional 2026 measure | Greater scrutiny of employers with layoffs |
| Indian workers | Particularly affected because of India’s large share of H-1B beneficiaries |
Frequently Asked Questions
Is the H-1B $100,000 fee extended until 2027?
Yes. The Trump administration has extended the restriction requiring a $100,000 payment for certain covered H-1B petitions until September 21, 2027.
Does every H-1B worker have to pay $100,000?
No. The measure concerns certain H-1B workers, particularly those outside the US who require entry under covered petitions. It is not a universal $100,000 charge on every H-1B holder.
Who pays the $100,000?
The payment is associated with the employer’s H-1B petition. The proclamation requires employers to document that the payment has been made.
Will Indian software engineers be affected?
Some Indian professionals seeking US employment from outside America could be affected, particularly if their prospective employer must pay the additional amount to sponsor their entry.
Can the $100,000 requirement be waived?
The Secretary of Homeland Security has discretion to exempt an individual, a company’s workers or workers in an industry when employment is determined to be in the US national interest and does not threaten security or welfare.
Does the rule affect H-1B workers already in the US?
The proclamation specifically addresses entry restrictions for covered workers outside the United States. Whether a particular existing H-1B worker is affected depends on their circumstances.
What other H-1B change did Trump announce?
A separate executive order directs federal agencies to consider employers’ recent or planned layoffs of similarly situated US workers when reviewing H-1B applications and petitions.
Also Read | NSE IPO Opens Today: GMP, ₹22,569 Crore Issue, Valuation, Financials and 10 Key Things to Know
The post Trump Extends $100,000 H-1B Fee Through September 2027: What It Means for Indian Engineers and IT Workers first appeared on informalnewz.
from informalnewz https://ift.tt/s5xWyb9
0 Comments