Trump Administration Extends H-1B Visa Fee Extended, Fee Remains Unenforceable

In a Sept. 18 proclamation, President Trump extended the 2025 Restriction on Entry of Certain Nonimmigrant Workers proclamation through Sept. 21, 2027, prolonging uncertainty for hospitals that rely on the program to recruit foreign health workers. The proclamation requires employers to pay a $100,000 application fee when filing new H-1B petitions.

However, the underlying fee policy remains blocked and unenforceable. In June 2026, a federal Massachusetts district court struck down the fee and vacated the policy nationwide. The government has appealed that decision to the First Circuit Court of Appeals; however, the fee remains unenforceable while the appeal is pending.

Because the underlying fee requirement was vacated, the extended fee likewise remains unenforceable unless and until the government prevails on appeal.

Members can access the association's latest review of the lawsuits against the Trump administration's actions and a full summary of executive orders from Jan. 20 through Aug. 19, 2025.

Contact Director of Policy Rob Nelb, MPH, at [email protected] or 202.585.0127 with questions or for more information.