President Trump signed a proclamation on September 18, 2026 extending the H-1B entry restriction first imposed by Proclamation 10973 in September 2025. Under the restriction, entry of H-1B specialty occupation workers is restricted unless the petition is accompanied or supplemented by a $100,000 payment, subject to exceptions. The proclamation says the extension runs until 12:00 a.m. eastern daylight time on September 21, 2027.

Key Points

  • What: The $100,000 H-1B entry restriction from the 2025 Proclamation is extended for 12 months.
  • Who: H-1B specialty occupation workers who must seek admission to the US, and the employers petitioning for them.
  • When: The extension runs until 12:00 a.m. EDT on September 21, 2027, per the proclamation's opening text.
  • Impact: Employers petitioning for H-1B workers outside the US face the $100,000 payment unless an exception applies.

What the proclamation requires

  • Restriction: Entry as an H-1B nonimmigrant is restricted unless the petition is accompanied or supplemented by a $100,000 payment.
  • DHS decisions: The Secretary of Homeland Security is to restrict decisions on petitions without the payment for H-1B workers currently outside the United States.
  • Employer duty: Employers must obtain and retain documentation of the payment before filing an H-1B petition for someone outside the US.
  • Visa checks: The State Department will verify payment receipt and approve only visa applications where the employer paid.
  • Scope: The restriction applies to people who enter or attempt to enter after the effective date, including through consular notification, port of entry notification, pre-flight inspection, or pre-clearance.

Exceptions

The Secretary of Homeland Security can exempt an individual, all workers at a company, or all workers in an industry. The Secretary must determine, at their discretion, that hiring those workers is in the national interest and does not threaten US security or welfare.

Why the White House says it is extending

The proclamation says the payment has been made for over 700 petitions since September 21, 2025. It cites a 92 percent drop in combined H-1B registrations by the largest IT staffing and outsourcing firms (24,946 to 2,055). It also cites a nearly 97 percent decrease in consular processing requests from the FY 2025 to FY 2027 cap seasons.

It also points to a shift toward higher-paid, higher-skilled registrants. Registrations for beneficiaries with at least a US Master's degree rose from 45.1 percent for FY 2026 to 66.1 percent for FY 2027. These figures are the administration's own claims.

Related rulemaking

  • DHS published a final rule on December 29, 2025 creating a weighted selection process for cap-subject H-1B registrations, used in the FY 2027 cap season.
  • DOL published a proposed rule on March 27, 2026 on prevailing wage levels; it is not final.

What Remains Unclear

The proclamation's Section 1(a) states the effective date as September 21, 2026 and says the restriction expires 12 months after that, while the opening text says the extension runs until September 21, 2027. The source does not say how the payment is made or how exceptions are requested. It also does not address how the restriction applies to workers already in the US, such as F-1 students changing status. Employers and workers should check DHS and State Department implementation guidance and consult an immigration attorney.

The proclamation also directs the Secretaries of State, Homeland Security and Labor and the Attorney General to jointly recommend whether to extend again, within 30 days after the H-1B lottery that follows the proclamation.