At Campos Law Firm, we closely monitor developments in U.S. immigration policy to protect our clients’ rights and future. On September 18, 2026, President Donald Trump extended for another year the policy imposing a $100,000 charge on certain new H-1B visa filings.
The headline alarms any company that hires foreign talent. But one fact changes the whole reading: the fee is not being collected today. Here is what is known, what is not, and what you can do.
What exactly did the president extend?
The policy began with a proclamation in September 2025 and was about to lapse this month. The September 18 signature extends it for roughly another year.
Two things get blended together and are worth separating. One is the proclamation, the policy on paper, which remains alive. The other is the power to collect, which a court order has vacated. Extending the first does not revive the second.
Put differently: the government is keeping the policy from expiring while it fights in court for the right to apply it.
Is the fee being charged right now?
No. This is the part most often reported halfway, and the chronology explains it.
- June 8, 2026: the U.S. District Court for the District of Massachusetts vacated the policy implementing the fee, finding the executive branch lacked clear congressional authority to impose what functions as a tax.
- June 12, 2026: the judge administratively stayed his own ruling while the government appealed, temporarily reinstating the fee.
- July 24, 2026: the First Circuit Court of Appeals denied the government’s motion to stay the judgment. With that, the vacatur was back in force.
- Today: the fee is not collected while the appeal continues.
There is also a second front: another proceeding is reviewing the rejection of a challenge brought by the U.S. Chamber of Commerce, and a federal court in Washington reached a different conclusion than the one in Massachusetts. That kind of split between courts is what usually ends up at the Supreme Court.
Who would the fee reach, and who is outside it?
If the fee came back, it would not hit everyone equally. These distinctions decide whether a hire costs thousands or a hundred thousand dollars.
- Consular processing from abroad: this is the target, when the person must enter the country to begin employment.
- Change of status inside the United States: someone already here, such as an F-1 student moving to H-1B, falls outside the described scope.
- Renewals and extensions: current visas being renewed are not covered.
- Current H-1B holders: keeping the status you already have does not trigger the charge.
And one vocabulary point that prevents expensive mistakes: the petition is not the visa. The employer files a petition with U.S. Citizenship and Immigration Services (USCIS); a State Department consulate issues the visa; and Customs and Border Protection (CBP) sets your status when it admits you. The fee is argued at the entry stage, not at every stage.
What can employers and workers do?
- Do not cancel or delay a case because of a headline: decide based on the current state of the litigation, not the announcement.
- Identify each case’s route: consular or change of status. That is the first question that moves the cost.
- Document every filing date: when policies switch on and off, the date is what fixes which rules apply.
- Budget for scenarios, not certainties: a consular case should be planned on the assumption the fee could return on appeal.
- Check the beneficiary’s deadlines: the grace period after employment ends and the current status dates do not pause for litigation.
- Get advice before restructuring a hire: switching routes to avoid a charge carries consequences of its own.
Protect Your Immigration Status with Campos Law Firm
In employment-based immigration, the difference between a hire that works and one that collapses usually traces back to decisions made weeks earlier: which route was chosen, what date the filing carries, and what happens if policy shifts mid-process. At Campos Law Firm, we work with employers and professionals through exactly that. We do not make unrealistic promises. We provide serious legal representation backed by preparation and integrity.
Do not leave your immigration status to chance. Call us today at +1 (844) 922-6767 to schedule a free, confidential consultation in English or Spanish. Campos Law Firm: Legal Solutions in All Areas of Law.
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