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Trump renews $100,000 H-1B fee, adds layoff scrutiny for employers

Sep 18, 2026·Location: Washington, DC

Trump renews $100,000 H-1B fee, adds layoff scrutiny for employers
Photo via news.bloomberglaw.com

President Trump signed a proclamation extending the $100,000 H-1B fee for another 12 months, effective September 21, 2026, and a companion executive order directing agencies to weigh an employer's recent layoffs when reviewing H-1B petitions. The administration says the fee has reduced H-1B filings by outsourcing firms and shifted hiring toward higher-paid workers. The policy remains contested in court: a Massachusetts judge vacated the original fee as an unlawful tax, a Washington, D.C. court upheld it, and the First Circuit has refused to pause the Massachusetts ruling while the government appeals.

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