Status last reviewed 4 October 2026 against USCIS pages

The $100,000 H-1B payment, and the routes it does not touch

A September 2025 presidential proclamation attached a $100,000 payment to certain new H-1B petitions. It covers a narrower group than most headlines suggest, it is tied up in court, and several US work routes are outside it entirely.

Where it stands. On 8 June 2026 a federal court in Massachusetts (State of California v. Mullin) vacated the agency guidance that implements the payment. On 24 July 2026 the First Circuit declined to pause that order. USCIS says DHS "will comply with the court's order while DHS considers next steps" and that it still plans to collect the payment if the order is lifted. The proclamation itself was extended in September 2026. This can change with a single ruling: read the USCIS H-1B FAQ before you or an employer rely on it.

Petitions the proclamation covers

  • New H-1B petitions filed on or after 21 September 2025
  • For a worker who is outside the United States and has no valid H-1B visa
  • Or that ask for consular or port-of-entry notification
  • Including people selected in the annual lottery who are abroad

USCIS: H-1B Specialty Occupations (page reviewed 21 Sep 2026)

Petitions it does not cover

  • H-1B visas already issued, and petitions filed before 21 September 2025
  • Extensions and amendments for workers already in the US
  • A change of status inside the US, for example from F-1 student or OPT to H-1B
  • Every visa class other than H-1B

Same USCIS sources. An approved change of status can later be caught if the person leaves before it is decided or is found ineligible for it.

What that means if you are outside the US

The group hit hardest is exactly the group most job seekers abroad are in: first-time H-1B candidates applying from their home country. If the payment is being collected when your petition is filed, the employer must pay it, and few will. The practical options are the routes below, or reaching the US as a student first, because a change of status from inside the country is outside the proclamation.

Routes the proclamation does not name

E-3 · Australian citizens

Specialty-occupation visa with its own annual allocation that is rarely used up. No lottery. Renewable.

Employers that file E-3s ↓

H-1B1 · Chile and Singapore

Set aside for citizens of the two countries under trade agreements. No lottery in practice.

Employers that file H-1B1s ↓

TN · Canada and Mexico

For citizens of Canada and Mexico in a listed profession. No cap. Employers do not file a Labor Condition Application, so there is no public employer list.

OPT and STEM OPT

Work authorisation after a US degree: 12 months, plus 24 for STEM degrees. A later change of status to H-1B from inside the US is outside the proclamation.

O-1 and L-1

O-1 for extraordinary ability; L-1 for transfers inside a company you have worked for abroad for a year. No cap on either.

Employer-sponsored green card

Permanent residence through PERM. Slow, and waits depend on country of birth, but it is a separate process from H-1B.

Employers that file PERM ↓

Cap-exempt employers: no lottery, but not exempt from the proclamation

Universities, their affiliated nonprofits, and nonprofit or government research organisations can file H-1B petitions at any time of year without the lottery. The proclamation contains no carve-out for them, so a new petition for someone abroad is treated like any other. Their advantage is for people already in the US, and for timing.

Employers that filed E-3 applications

Certified Labor Condition Applications for the E-3 Australian class.

Employers that filed H-1B1 applications

Certified Labor Condition Applications for H-1B1 Chile and H-1B1 Singapore.

Employers that sponsor green cards

Certified PERM labor certifications.

Universities and colleges that file H-1Bs

Higher-education institutions are cap-exempt by law. This list is picked by name (it contains "university", "college" or similar), so it can miss some and is not an official cap-exempt list.