The White House has extended the administration’s restriction on entry for certain H-1B specialty-occupation workers, continuing a requirement that covered petitions be accompanied or supplemented by a $100,000 payment.
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H-1b Visa Update
The proclamation signed September 18, 2026, takes effect at 12:01 a.m. Eastern daylight time on September 21, 2026. Unless it is extended again, the restriction will remain in effect for 12 months, through September 21, 2027. The action continues the policy first imposed by a September 19, 2025, proclamation. (White House proclamation extending the H-1B entry restriction)
What the renewed H-1B restriction does
Under the new proclamation, entry is restricted for certain foreign nationals seeking to enter the United States as H-1B nonimmigrants to perform services in a specialty occupation unless the employer’s petition is accompanied or supplemented by a $100,000 payment.
The proclamation also directs the Department of Homeland Security to restrict decisions on covered petitions that are not accompanied by the payment when the H-1B worker is currently outside the United States. The text specifically addresses workers who must seek admission to activate or use an approved petition, including people going through consular notification, a port of entry, pre-flight inspection or pre-clearance.
The measure is therefore focused on entry and on covered cases involving workers abroad. It does not state that every H-1B filing by every worker already inside the United States requires the payment. Employers and workers should review the implementation guidance issued by the responsible agencies before relying on the proclamation’s scope in a particular case.
Employers must document the payment before filing
The proclamation requires an employer filing an H-1B petition for a worker outside the United States to obtain and retain documentation showing that the $100,000 payment was made before filing the petition.
The Department of State is directed to verify payment during the visa petition process. The Department of State and DHS are also instructed to coordinate implementation and deny entry to an H-1B nonimmigrant whose prospective employer has not made the required payment.
- Employers should determine whether the beneficiary is outside the United States and whether the case requires admission to complete the immigration process.
- Covered employers should retain proof of payment with the petition records.
- Consular processing and admission-related cases may face additional verification before visa issuance or entry.
- Employers should monitor USCIS, State Department and DHS instructions for payment procedures and documentation requirements.
The proclamation itself does not provide a new payment form, processing address or detailed refund procedure. Those operational details may need to be supplied through agency guidance.
National-interest exceptions remain available
The Secretary of Homeland Security may exclude an individual worker, all workers employed by a company or all workers in an industry if the Secretary determines that hiring the H-1B workers is in the national interest and does not threaten the security or welfare of the United States.
The exception is discretionary. The proclamation does not establish an automatic exemption for a particular occupation, employer size, degree level or industry. It also does not specify a guaranteed timeline or approval standard for requesting an exception.
That means an employer seeking relief should be prepared to document why the worker or group of workers is important to the national interest and why the hiring does not pose a security or welfare concern. The proclamation does not guarantee that a request will be granted.
Why the administration says the policy is being extended
The White House says the H-1B program has been abused by some employers, including information-technology staffing and outsourcing companies, to use lower-paid temporary labor in ways that can suppress wages or displace U.S. workers. Those statements are the administration’s stated policy rationale, not an adjudication that every H-1B employer or worker has engaged in misconduct.
The proclamation cites several reported changes since the 2025 restrictions began. According to the White House, the largest IT staffing and outsourcing firms reduced their combined H-1B registrations from 24,946 to 2,055, a 92 percent decrease. It also reports a nearly 97 percent decline in consular-processing requests between the FY 2025 and FY 2027 cap seasons.
The administration further says that beneficiaries with at least a U.S. master’s degree represented 66.1 percent of FY 2027 registrants, compared with 45.1 percent for FY 2026. The proclamation also says that approximately 46.3 percent of selected registrations corresponded to the two highest wage levels, while 17.8 percent corresponded to the lowest wage level.
Those figures are presented in the presidential proclamation as evidence that the payment requirement and a separate weighted selection system have discouraged lower-wage recruitment and shifted selection toward higher-paid and higher-skilled positions. The proclamation does not independently establish that the policy caused every reported change.
The extension follows changes to H-1B selection and wage policy
The White House links the extension to a DHS final rule that created a weighted selection process for cap-subject H-1B registrations. The rule generally favors higher-skilled and higher-paid positions while preserving an opportunity for registrations at other wage levels. The revised process was in place for the FY 2027 H-1B cap season. (Federal Register weighted H-1B selection rule)
The proclamation also cites a Department of Labor proposed rule that would change prevailing-wage protections for certain foreign workers. According to the White House, DOL’s analysis found that wages actually paid to H-1B workers and prevailing wages assigned to their positions remained below average wages for comparable U.S. workers.
Because the wage measure is described as a proposed rule in the proclamation, it should not be treated as a final change to H-1B wage requirements unless and until DOL completes the rulemaking.
What workers and employers should do next
Employers with H-1B candidates abroad should identify cases that may require visa issuance or admission after September 21, 2026. They should preserve payment records and confirm how the agencies will accept and verify the required amount.
Workers should ask their sponsoring employer or immigration attorney whether the case involves admission from abroad, a change or extension of status inside the United States, consular processing or another procedure. The answer may affect whether the proclamation’s entry restriction is relevant.
Applicants should also expect ordinary H-1B requirements to remain applicable. The Department of Labor states that H-1B employers generally must pay the higher of the actual wage paid to similarly qualified workers or the local prevailing wage, and must comply with requirements involving working conditions, benefits and recordkeeping. (U.S. Department of Labor H-1B worker protections)
The proclamation directs the Secretaries of State, Homeland Security and Labor, together with the Attorney General, to recommend within 30 days after completion of the next H-1B lottery whether another extension or renewal would serve U.S. interests. That provision creates a future review point but does not itself guarantee another extension.
Key dates under the proclamation
| Date | Development |
|---|---|
| September 19, 2025 | The original H-1B entry restriction was issued. |
| September 21, 2025 | The original restriction took effect. |
| September 18, 2026 | The White House signed the extension proclamation. |
| September 21, 2026 | The extension takes effect at 12:01 a.m. Eastern daylight time. |
| September 21, 2027 | The extended restriction expires unless renewed or otherwise changed. |
The policy is likely to remain significant for employers recruiting H-1B workers abroad, particularly companies that rely on consular processing or use large numbers of entry-level technology positions. The practical effect of the extension will depend on agency guidance, implementation procedures and any litigation or later changes to the policy.
Frequently Asked Questions
When does the extended H-1B restriction take effect?
The extension takes effect at 12:01 a.m. Eastern daylight time on September 21, 2026.
How long will the renewed restriction last?
The proclamation provides for a 12-month extension, through September 21, 2027, unless it is extended or otherwise changed.
Who must pay the $100,000 amount?
The proclamation applies the payment requirement to covered H-1B petitions involving workers outside the United States whose entry is restricted, subject to a discretionary national-interest exception.
Are workers already inside the United States automatically covered?
The proclamation focuses on entry and on covered petitions for H-1B workers currently outside the United States. Workers and employers should obtain case-specific advice because the exact procedure and agency implementation may matter.
Can an employer request an exception?
Yes. The Secretary of Homeland Security may determine that an individual worker, a company’s workers or workers in an industry should be exempt when hiring is in the national interest and does not threaten U.S. security or welfare.
Fact-Checked: This report was checked against the September 18, 2026 White House proclamation and related primary U.S. government materials from the White House, Federal Register and Department of Labor.
Disclaimer: This article is for general information and is not legal advice. H-1B employers and workers should consult qualified immigration counsel about individual cases.
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