President extends H‑1B entry limits tied to $100,000 petition payment

What happened

• A presidential proclamation extends restrictions on entry by certain H‑1B specialty‑occupation nonimmigrants and keeps a requirement that many petitions be accompanied or supplemented by a $100,000 payment. The President signed the proclamation on September 18, 2026.

Who is affected

• Employers filing H‑1B petitions for workers currently outside the United States and the foreign workers themselves, especially used by IT staffing and outsourcing firms.

Key deadlines and timing

• The document states the restriction is extended for 12 months and gives specific dates in the text. (Note: the proclamation text contains inconsistent dates — the lead states the extension runs to September 21, 2027, while Section 1 sets an effective/expiration date tied to September 21, 2026.)

What agencies must do

• Employers must document and retain proof of the $100,000 payment before filing H‑1B petitions for workers abroad.
• The Department of State will verify payment during the visa process and approve only visas with the payment.
• DHS and State will coordinate to deny entry for H‑1B beneficiaries if the payment was not made.
• DHS and DOL were directed to carry out rulemakings; DHS already issued a weighted‑selection rule and DOL has a proposed rule on prevailing wages.

By the numbers (from the proclamation)

• Over 700 petitions have included the $100,000 payment since the policy began.
• Largest IT staffing/outsourcing firms reduced combined H‑1B registrations from 24,946 to 2,055 (a 92% decrease).
• Consular processing requests used to bring workers in fell about 97% from FY2025 to FY2027 cap seasons.
• Registrants with at least a U.S. master’s degree rose from 45.1% (FY2026) to 66.1% (FY2027).
• Selections tied to the two highest wage levels were ~46.3% of H‑1B selections; the lowest wage level accounted for ~17.8%.

Exceptions and review

• The Secretary of Homeland Security may exempt individuals, companies, or industries when hiring is deemed in the national interest and does not threaten security or welfare.
• Senior agency officials must report within 30 days after the next H‑1B lottery on whether another extension is warranted.

Why it matters

• The proclamation aims to deter low‑wage, low‑skill use of H‑1B visas, protect U.S. workers’ wages and job opportunities, and prioritize higher‑paid, higher‑skilled beneficiaries while agencies complete longer‑term regulatory fixes.