U.S. Extends $100,000 H-1B Entry Rule Through September 2027

U.S. Extends H-1B $100,000 Entry Rule Through September 21, 2027

The United States has extended a specific rule impacting certain H-1B visa holders seeking to enter the country. This measure, which requires a $100,000 payment for some H-1B workers abroad to begin their employment, will remain in effect until September 21, 2027. The extension continues a policy first put in place in 2025, maintaining the existing framework without introducing a new system.

This rule primarily affects H-1B specialty occupation workers who are currently outside the United States and need to enter to start their jobs. Their petitions must be accompanied by a $100,000 payment, unless they qualify for an exception. The extension was announced on September 18, 2026, and will be in force for another year.

Understanding the H-1B $100,000 Entry Restriction

The H-1B visa program allows U.S. employers to temporarily employ foreign workers in specialty occupations that require theoretical or technical expertise. However, this specific restriction targets a subset of these workers. It applies to those who are abroad and whose petitions are submitted for entry into the U.S. to begin their H-1B employment.

The core of the rule is the financial requirement. Unless a specific exception is granted, the H-1B petition must be supported by a payment of $100,000. This payment is intended to address certain concerns related to the program. The extension ensures that this requirement continues to be a factor for employers planning to bring these workers into the country.

Key Details of the Extended Rule

The extension of the H-1B $100,000 entry rule begins on September 21, 2026, at 12:01 a.m. eastern daylight time. It will conclude at 12:00 a.m. eastern daylight time on September 21, 2027. This creates a full 12-month continuation of the existing policy. Employers must factor this payment into their planning and budgeting when preparing cases for affected workers.

The restriction is directly tied to the worker’s location outside the U.S. and their need to enter the country for their H-1B employment. It does not apply to all H-1B petitions universally, but rather to those meeting the specific criteria outlined. The payment obligation rests with the sponsoring employer.

Rule Component	Details
Worker Category	H-1B nonimmigrant worker in a specialty occupation.
Worker Location	Currently outside the United States.
Entry Condition	Petition must include a $100,000 payment, or an approved exception must apply.
Extension Period	12 months, from September 21, 2026, to September 21, 2027.
Effective Date	September 21, 2026, at 12:01 a.m. eastern daylight time.
End Date	September 21, 2027, at 12:00 a.m. eastern daylight time.

The National Interest Exception

A critical aspect of the H-1B $100,000 entry rule is the provision for a national-interest exception. The Secretary of Homeland Security has the authority to grant exemptions. This exception can apply to an individual worker, an entire group of workers for a specific company, or even all workers within a particular industry.

For an exception to be granted, two main conditions must be met. First, the hiring must be determined to serve the national interest of the United States. Second, it must not pose a threat to U.S. security or welfare. This exception is discretionary, meaning employers cannot assume it will be automatically approved as an alternative to the payment.

Employers should view the $100,000 payment as a necessary cost for sponsoring covered H-1B workers from abroad, unless a specific exemption is secured. The rule thus presents two primary pathways for covered entries: either making the required payment or successfully obtaining an exemption based on the national interest.

Continuity of the 2025 Framework

The recent proclamation does not introduce a new policy structure. Instead, it extends the existing 2025 proclamation. The administration has stated that the conditions that led to the original restriction remain in place, justifying its continuation. The policy’s focus continues to be on new H-1B workers who are abroad and need to enter the U.S.

Employers looking to bring these workers into the country must carefully consider the $100,000 payment requirement alongside the standard H-1B petition process. The extension solidifies the policy’s end date until September 21, 2027, keeping the entry restriction linked to the $100,000 payment and the discretionary exception process. The official announcement for this policy can be found in the White House proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers.”

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