H-1B: Trump extends restrictions for a year and orders added review

The White House published a proclamation September 18 extending restrictions on certain H-1B worker entries until September 21, 2027. The proclamation provides for a US$100,000 payment for covered petitions, subject to limited exceptions. [1]

Two texts, two mechanisms

An order issued the same day directs State, Labor and Homeland Security to consult Commerce, Education and the Small Business Administration when reviewing applications. It does not turn every H-1B application into an automatic US$100,000 payment. [2]

The order also directs officials to consider recent or planned layoffs by the employer sponsoring an application. The Labor Department must begin reviewing data on earlier applications within 30 days. [2]

The White House presents the measures as a response to alleged programme abuses and says more than 700 petitions have included the payment since 2025. Those figures and that rationale are executive-branch claims, not an independent measure of employment effects. [1]

Litigation remains open

According to Reuters, a Boston appeals court is reviewing a June decision by a federal judge who found the payment illegal and blocked its collection. The September 18 proclamation must therefore be distinguished from this litigation. [3]

The published texts do not establish that every company, worker or renewal is affected in the same way. Application will depend on petition categories, exceptions and court decisions. [3]