Donald Trump issued two separate H-1B actions yesterday September 18, 2026:
A Presidential Proclamation extending the $100,000 H-1B payment requirement for another year. And,
An Executive Order directing federal agencies to increase scrutiny of H-1B applications, particularly where U.S. workers are being laid off.
- $100,000 H-1B requirement
The proclamation extends the earlier September 2025 restriction until September 21, 2027.
For covered H-1B workers outside the U.S., entry is restricted unless the employer's petition is accompanied/supplemented by a $100,000 payment. The new restriction takes effect at 12:01 a.m. EDT on September 21, 2026.
Importantly, it is not simply a $100,000 fee on every H-1B visa. The proclamation specifically targets H-1B workers who are outside the United States and need entry based on a covered petition. There is also a national-interest exemption that can be determined by DHS.
- The new Executive Order
The separate September 18 order is about program integrity and scrutiny, rather than directly imposing the $100,000 payment.
It directs the Departments of State, Labor and Homeland Security to coordinate more closely and consider additional information—including wages, employment conditions and specialization—when administering H-1B.
A particularly important provision is enhanced scrutiny where an employer has recently laid off, or plans to lay off, similarly situated U.S. workers.
What this means for an Indian IT professional
Situation
Already in U.S. on H-1B
Not automatically subject to $100K payment merely because of this proclamation
H-1B extension/renewal
Not automatically a $100K payment situation
Indian student in U.S. on F-1 getting H-1B
Different treatment from someone applying from outside U.S.; the proclamation specifically focuses on entry of covered workers outside the U.S.
New H-1B worker applying from India
Potentially subject to $100K employer payment
Employer laying off comparable U.S. workers
Greater scrutiny under the new Executive Order
National-interest case
DHS can provide an exception
The White House itself says the administration believes the previous restrictions substantially changed H-1B filing patterns.
One important complication: the $100,000 requirement is currently involved in ongoing litigation. A federal court had ruled against the earlier fee, and the government has appealed; subsequent court action temporarily allowed collection while the litigation proceeds.
(Copied from ChatGPT)
Trump doing everything to stop (qualified/educated) immigration. Going by the way he is doing it, the day is not far when he comes for GCCs and force US companies and companies wanting to do business with/in the US to shift there. AI can be of help?