October 9 update: The government has appealed the September 30 order to the Ninth Circuit (notice of appeal). We will update this article when there is news.
September 30 update: A federal judge in California ruled that DHS, USCIS, CBP and the State Department cannot apply the $100,000 fee policy, including after the September 18 extension. The government had not first asked the public for comments or studied the policy’s effect on small businesses. The presidential proclamation itself remains in place, and the government can appeal. The court did not say the ruling applies nationwide. The Massachusetts court’s June ruling also remains in effect, so employers still do not currently have to pay the $100,000 under these policies. (September 30 court order, pp. 33–35)
Update (September 23): One correction. This article originally said "the proclamation has no layoff provision, and linking it to layoffs is the reporters' own interpretation." The proclamation itself indeed has none, but Executive Order 14431, signed the same day, specifically requires that employer layoffs be considered when adjudicating H-1B cases. We missed that document at the time. See New H-1B Executive Order Targets Employer Layoffs.
The short version: Proclamation 11069 says the $100,000 H-1B entry restriction is extended for another year. But right now, employers filing H-1B petitions do not have to pay this fee under the policy. On September 30, a federal judge in California ruled that the government cannot currently apply the fee policy, including after the September 18 extension. The presidential proclamation itself remains in place, and the government can appeal. For H-1B holders already in the United States who are waiting for a green card, the proclamation does not directly affect extensions or changing employers.
What does the new proclamation do?
One thing: it extends the September 2025 Proclamation 10973 for another year without changes. The text of Section 1(a):
...the entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA ..., is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000 ...
The restriction takes effect at 12:01 a.m. Eastern on September 21, 2026 and expires on September 21, 2027 unless extended again. The proclamation directs the State Department, the Justice Department, DOL and the Department of Homeland Security to jointly submit a recommendation on whether to extend it further within 30 days after the next H-1B lottery concludes (Section 3(b)).
The proclamation does not raise the amount, and it does not expand its scope. The layoff review mentioned in news reports comes from another document signed the same day: Executive Order 14431. It is not in this proclamation.
Primary sources: Federal Register public inspection copy (document number 2026-19554, formally published September 23), White House text.
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But wasn't it already struck down by a court?
This is the most important point right now, and the one most often gotten wrong.
The timeline:
- June 8, 2026: The US District Court for the District of Massachusetts set aside the agency guidance used to collect the $100,000 payment
- July 24, 2026: The US Court of Appeals for the First Circuit refused to pause the June ruling while the appeal continues
- USCIS said publicly that it disagrees with the ruling but will comply, and it is currently not collecting the payment
- September 18, 2026: The new proclamation is signed, extending the original proclamation itself
At the time, it was not clear whether the June ruling covered the new proclamation. September 30 update: A federal judge in California has now ruled that the fee policy under the September 18 extension cannot currently be applied. See the update at the top of this article.
Section 4(b) of the new proclamation says only that "This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations."
So the clearest answer for now is: the proclamation itself remains in place, but agencies cannot currently apply the $100,000 fee policy under it. Employers do not currently have to pay this fee under these policies. The government can appeal.
Are people already in the US and waiting for a green card affected?
According to the text, basically not. The scope is the same as the old proclamation's:
- Section 3(a): the restriction applies only to people who enter or attempt to enter after the effective date, that is, cases where entry is needed for the petition to take effect: consular notification, entry at a port of entry, or preclearance
- Section 1(b): what DHS is directed to restrict approving are petitions for beneficiaries "currently outside the United States"
Petitions filed inside the United States for an extension, a transfer to a new employer, or a change of status are not covered by the text of the proclamation. That was also USCIS's position while the old proclamation was being enforced.
But keep a separate eye on the executive order: Executive Order 14431 requires that an employer's layoffs over the past year be considered when adjudicating H-1B cases. The steps it lists include the labor condition application and the petition, so it may cover extensions and employer transfers inside the US. As of September 23, USCIS had not issued implementing guidance; see this article.
What you do need to watch is leaving the country: if you travel abroad on an H-1B, you have to be admitted again in H-1B status when you come back, and whether you are affected at that point depends on how your petition was originally approved. If you have travel plans, check with your employer's lawyer before you go.
What does the proclamation say about its own results?
The proclamation lists several of the government's own figures as reasons for the extension:
- Over the past year, more than 700 petitions paid the $100,000
- H-1B registrations by the largest IT outsourcing companies fell from 24,946 to 2,055, a 92% drop
- Consular processing requests used to bring people into the US fell by nearly 97% from the FY2025 to the FY2027 lottery season
- The share of registrations for holders of US master's degrees rose from 45.1% in FY2026 to 66.1% in FY2027
These are figures the government uses to argue that "the restriction is working," not independent statistics.
How does this relate to the new $103,000 rule?
They are two different things; don't mix them up:
| Proclamation 11069 (this article) | DHS $103,000 rule | |
|---|---|---|
| What it is | Presidential proclamation restricting entry | Proposed rule charging a fee |
| Status | In effect since September 21 | Still open for comment, comment period closes September 24 |
| Amount | $100,000 | $103,265 |
We have a separate article on the rule: H-1B Lottery Fee of $103,000 per Petition: What the Rule Actually Says.
What should you do now?
- Already in the US, with no plans to travel abroad: The proclamation doesn't directly affect your extensions or employer transfers. Keep moving your green card case forward as usual
- Planning to travel abroad: Before you leave, check with your employer's lawyer whether your return entry is affected by this proclamation
- Your employer is filing a new H-1B petition for a worker abroad: This is the situation the proclamation actually targets. Wait for USCIS to issue implementing guidance before deciding
- Thinking about changing jobs: Start with our AC21 portability tool and H-1B six-year limit calculator
We will update this article as soon as USCIS issues implementing guidance on the new proclamation or a court rules on it.
This article is based on publicly available government documents. It is for reference only and does not constitute legal advice.