Policy Update · Issued September 18, 2026 · JBNP Law
On September 18, 2026, the President renewed the $100,000 payment requirement for certain H-1B workers for another year and signed a separate executive order directing agencies to scrutinize H-1B employers more closely. Both documents were published in the Federal Register on September 23.
Proclamation 11069, “Restriction on Entry of Certain Nonimmigrant Workers,” was signed on September 18, 2026 and published at 91 FR 60497 on September 23, 2026 (Federal Register). It extends Proclamation 10973 of September 19, 2025 for 12 months. It restricts entry of H-1B specialty occupation workers unless the petition is accompanied or supplemented by a $100,000 payment, subject to the exceptions in the proclamation. The restriction takes effect at 12:01 a.m. EDT on September 21, 2026 and, absent extension, runs for 12 months.
The same day, the President signed Executive Order 14431, “Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program” (91 FR 60501; Federal Register).
Under the proclamation, the payment applies to workers who must seek admission to make an approved petition effective. It does not apply to an individual, a company, or an industry if the Secretary of Homeland Security determines in his or her discretion that the H-1B employment is in the national interest and does not threaten U.S. security or welfare. The proclamation also tells employers to keep documentation that the payment was made before filing a petition for someone outside the United States, and tells the State Department to verify payment in the visa process.
The executive order does something different. It directs State, Labor, and Homeland Security to consult with other agencies on H-1B processing and to consider whether a sponsoring employer has laid off, or plans to lay off, similarly situated U.S. workers. It also directs the Department of Labor to begin reviewing data on previously submitted labor condition applications within 30 days of the order. It creates no new wage rule by itself.
The payment is currently subject to court orders. A federal court in Massachusetts vacated the agency guidance implementing it on June 8, 2026, and another court issued an order on September 30, 2026; see our update on the second court order. The proclamation itself was not blocked in the order described there.
For H-1B clients, we are separating cases by whether the worker is inside or outside the United States, because the payment turns on who must seek admission. We are also documenting each employer’s layoff history and wage compliance, because the executive order signals that both will be examined. For new filings, we build the national-interest argument into the record where it is realistic.
If you plan to file an H-1B petition or have one pending, review our H-1B practice page and book a consultation before you file.
This post is general information, current as of when it was written — not legal advice, and no substitute for talking to an attorney about your own case. This area is changing quickly, and reading this doesn’t make us your lawyers. Please get advice on your specific situation before you act.