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Immigration rules are moving fast this fall — faster than most employers and families can keep up with. On September 18, 2026, the White House extended the $100,000 H-1B fee through September 2027 and ordered new scrutiny of employer layoffs. That same day, a rewritten public charge rule took effect nationwide. Within days, more than twenty states and several major cities sued to block it. If you sponsor H-1B workers, hold an H-1B visa, or you’re applying for a family-based green card, these changes could hit your case right now. Here’s what changed, who it affects, and what to do while the law keeps shifting under our feet.
Background: What Changed on September 18, 2026
(cite index=”4-3″>On September 18, 2026, President Trump issued a proclamation that extends through September 21, 2027 a $100,000 fee for H-1B petitions that are filed as consular petitions or are only approvable for consular notification. The original restriction was set to expire on September 21, 2026. The new proclamation just pushes that date out another year — nothing more complicated than that.
Here’s the part that catches people off guard: the fee isn’t actually being charged right now. (cite index=”55-3,55-4″>On June 8, 2026, the U.S. District Court for the District of Massachusetts vacated the Presidential Proclamation that imposed the $100,000 fee on employers filing new H-1B petitions, granting summary judgment for the plaintiffs and striking the policy down on legal grounds. (cite index=”51-4,51-7″>On July 24, 2026, the First Circuit denied the government’s request for a stay pending appeal, so the district court’s order stays in effect while the appeal plays out. Bottom line: the policy is back on the books through September 2027, but (cite index=”9-1″>the $100,000 H-1B fee is not being collected as of September 21, 2026 — unless the appellate court changes course. We’ll be watching this one closely. Protect your rights — we handle the rest.
Alongside the fee extension, the administration signed a separate executive order titled “Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program.” The order creates a new interagency coordination mandate, requiring the Secretaries of State, Labor, and Homeland Security to coordinate and consult with the Secretaries of Commerce and Education and the Administrator of the Small Business Administration when processing H-1B petitions, labor condition applications, and visas, with the additional agencies sharing wage data, educational records, and industry information to help evaluate whether filings are legitimate. Most notably for employers, the Secretaries of State, Labor and Homeland Security may now assess whether H-1B employers have directly or indirectly engaged in layoffs within the previous year that negatively impact similarly situated U.S. workers, or that plan future layoffs of such workers, when assessing labor condition applications, H-1B petitions and visa applications, and the entry of H-1B nonimmigrants into the U.S.
On the family-immigration side, a final rule on public charge became effective on September 18, 2026, and applies to applications for admission made on or after that date and to applications for adjustment of status postmarked or electronically submitted on or after September 18, 2026. DHS is rescinding the 2022 public charge rule, giving USCIS and CBP officers broad discretion to weigh a far wider range of public benefits and other factors when deciding whether an applicant is likely to become a public charge. The rule change triggered immediate pushback: twenty-two states together with the District of Columbia have brought a lawsuit against the U.S. government concerning its public charge rule for green card applicants, arguing that the rule discourages eligible immigrants and their families from obtaining public benefits. Separately, New York Attorney General Letitia James and New York City Mayor Zohran Mamdani filed separate lawsuits challenging the rule, and the coalition argues that the new public charge rule sweeps aside more than a century of settled law, as well as decades of federal guidance establishing clear limits on how public charge determinations can be made.
This is a busy week for immigration fees generally: USCIS is also updating fees for the EB-5 Immigrant Investor Program, with new fees designed to go into effect on Nov. 30, 2026, as part of a separate rulemaking announced September 29.
How This Affects Employers, H-1B Workers, and Green Card Applicants
Employers sponsoring H-1B workers. Because the $100,000 fee remains blocked by the court order, you are not currently required to pay it for new H-1B petitions filed for consular processing. But the layoff-scrutiny executive order is separate from the fee litigation and is not automatically paused. Employers should maintain accurate job descriptions, wage records, worksite information, and explanations of relevant restructuring because agencies may now weigh recent or planned layoffs when adjudicating H-1B filings. Companies exploring alternatives such as the L-1A for managers and executives or the L-1B for employees with specialized knowledge may want to review our H-1B specialty occupation visa page for current filing considerations, since strategy may vary by case.
H-1B workers currently abroad or planning international travel. If your petition requires consular notification or a new visa stamp, you could theoretically fall under the extended proclamation if the court order is lifted on appeal. Until then, the extension alone should not be read as requiring every H-1B traveler to pay $100,000. Still, travel planning should account for the possibility that the legal landscape could shift quickly given the pending appeal.
Universities, research institutions, and cap-subject petitioners. Interagency coordination and layoff review apply broadly across the H-1B process, including new filings, extensions, and change of status. The order may increase inquiries, requests for evidence, and enforcement attention even for institutions that historically saw limited scrutiny.
Family-based green card applicants. If your Form I-485 (application to adjust status) is filed on or after September 18, 2026, the broader public charge standard applies. For benefits received on or after September 18, 2026, officers may consider an applicant’s application for, approval for, or receipt of any means-tested public benefit, including programs such as Medicaid and SNAP. That said, Form I-864 is required by law and does not go away under either standard, and if you are a citizen or an individual seeking humanitarian relief like asylum, these changes will not affect you. Applicants pursuing marriage-based or other family petitions should review our family-based immigration page for how the Affidavit of Support and other evidence fit into a complete application.
What You Should Do Now
- Employers: Audit recent layoff history and document legitimate, non-discriminatory business reasons for any workforce reductions before filing new H-1B petitions or LCAs.
- Employers: Avoid assuming the $100,000 fee is permanently dead. Track the First Circuit appeal and the separate D.C. Circuit challenge, since a reversal could reinstate the fee with little notice.
- H-1B workers: Keep copies of your approval notices and consult before international travel if your petition involves consular processing.
- Green card applicants and sponsors: Gather complete financial documentation for Form I-864, including tax returns, pay stubs, and evidence of assets, well before filing.
- Everyone: Do not make decisions about public benefits without first understanding how the new rule applies to your specific filing date and immigration category. Talking with a legal professional you trust matters because officials do not want people automatically dis-enrolling from programs when their particular situation may not be affected.
- Investors: If you are considering an EB-5 petition, review current fee schedules before filing, since USCIS fee amounts are changing again this fall for that category.
How Tez Law P.C. Can Help
Tez Law P.C. assists employers and individuals with employment-based petitions, including H-1B, L-1, and EB immigrant visa categories, and can review layoff and wage documentation before a filing goes to USCIS. The firm also helps family-based green card applicants prepare Form I-864 and supporting evidence under the current public charge standard. For investors and business owners weighing options such as the EB-5 investor green card or the E-2 treaty investor visa, the firm can discuss how recent fee and policy changes may affect timing and strategy.
Frequently Asked Questions
Is the $100,000 H-1B fee currently being charged?
No. A federal court vacated the policy in June 2026, and an appeals court declined to lift that ruling in July 2026. The September 2026 extension only pushes the policy’s expiration date to September 2027; it does not restart collection while the court order remains in place. Employers should still monitor the pending appeals closely.
Does the new executive order create an automatic bar for employers with layoffs?
Not exactly. The order directs agencies to consider layoff history and planned layoffs as one factor among several when reviewing H-1B filings. It does not create a formal new attestation or a bright-line disqualification, but it can lead to more requests for evidence and closer review of a company’s workforce history.
Does the public charge rule affect people who already have green cards?
Generally no. The rule applies to applications for admission and to adjustment of status applications filed on or after September 18, 2026. It does not retroactively apply to benefits received before that date under the prior 2022 standard, and it does not apply to U.S. citizens.
Do I still need a financial sponsor if the public charge rule changed?
Yes. The Affidavit of Support (Form I-864) requirement comes from federal statute, not from the regulation that was just rescinded, so it still applies to most family-based cases. A sufficient affidavit remains important evidence, though officers may now weigh other factors as well.
Will the public charge lawsuits stop the rule from applying to my case?
It is too early to know. Multiple states and cities have sued to block the rule, but as of this writing the rule remains in effect and courts have not issued a nationwide injunction. Applicants should prepare under the current rule while watching for updates.
Immigration law is changing on a near-weekly basis right now, and a filing made today may be judged under different standards than one made a month ago. If you have questions about an H-1B petition, a pending green card application, or how these federal changes may affect your situation, you can schedule a consultation with Tez Law P.C. to discuss your options.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Laws and agency practices change; contact Tez Law P.C. at 626-678-8677 or [email protected] about your situation. Prior results do not guarantee a similar outcome.