Are H-1B Visas Being Stopped? Latest Restrictions, $100,000 Payment Rule and Green Card Impact

Category:                 H1B Visa & H4 Visa

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Are H-1B Visas Being Stopped? Latest Restrictions, $100,000 Payment Rule and Green Card Impact

Introduction

Recent developments in U.S. immigration policy have raised concerns among H-1B workers, prospective applicants, sponsoring employers, and families planning to live in the United States.

Discussions about a $100,000 payment requirement, increased scrutiny of employers, and restrictions affecting employment-based Green Card processing have created uncertainty about the future of the H-1B program.

However, stricter H-1B rules do not automatically mean that the entire H-1B visa program has been stopped. Different policies affect different stages of the immigration process, and their application depends on the relevant government rules, court orders, and individual circumstances.

This guide explains the distinction between H-1B program restrictions, the disputed payment requirement, employer compliance reviews, and the PERM-based Green Card process.

Because immigration policies and litigation can change quickly, readers should verify the latest official guidance before making employment, travel, or immigration decisions.

Has the United States Stopped the H-1B Visa Program?

The H-1B visa is a U.S. nonimmigrant classification that allows qualifying employers to employ eligible foreign workers in specialty occupations, subject to applicable requirements.

The program has not simply disappeared because the government has introduced stricter restrictions.

Employers may still need to consider several requirements, including:

·        Whether the position qualifies as a specialty occupation.

·        Whether the employer can meet the applicable wage and employment requirements.

·        Whether the petition is subject to the annual numerical cap.

·        Whether electronic registration and selection are required.

·        Whether the petition satisfies USCIS requirements.

·        Whether additional restrictions apply to the worker's particular circumstances.

·        Whether the applicant can obtain the necessary visa and authorization to enter the United States.    

These requirements are separate from one another. A change affecting one stage does not necessarily cancel every existing H-1B petition, visa, or immigration benefit.

For official background, consult the USCIS H-1B Specialty Occupations page.

Why Are H-1B Applicants and Employers Concerned?

Three issues have attracted particular attention.

A. The $100,000 payment controversy

A presidential proclamation issued in September 2025 introduced a $100,000 payment requirement associated with certain H-1B workers seeking entry into the United States. The administration announced an extension of the relevant restrictions in September 2026.

The proclamation describes restrictions involving certain H-1B workers outside the United States and provides for limited exceptions. Its application should not be assumed to be identical for every H-1B petition or every worker.

The requirement has also faced legal challenges, including court decisions concerning the government's authority to impose it.

Consequently, employers and applicants should verify the current status of the applicable court orders and official implementation guidance before assuming that the payment must be made in a particular case.

The official announcement is available in the White House proclamation on restrictions affecting certain nonimmigrant workers.

B. Increased scrutiny of employers

The U.S. government has also announced measures intended to strengthen oversight of the H-1B program.

These measures include considering whether sponsoring employers have recently laid off, or plan to lay off, similarly situated U.S. workers. Government agencies have been directed to coordinate and review relevant employment and wage information.

This may create additional compliance concerns for some employers, particularly businesses whose hiring practices or employment arrangements receive closer scrutiny.

However, increased scrutiny does not mean that every H-1B petition will be denied. Each case remains subject to the applicable legal requirements and individual facts.

Read the White House executive order on H-1B program integrity for the government's stated policy direction.

C. PERM and employment-based Green Card concerns

PERM is the Department of Labor's permanent labor certification process used in many employer-sponsored employment-based Green Card cases.

A restriction affecting PERM processing can create difficulties for workers whose employers rely on that process to pursue permanent residence.

However, PERM and H-1B are different immigration processes.

An interruption or restriction affecting a PERM application does not, by itself, establish that an employee's existing H-1B status or visa has been cancelled. The consequences depend on the specific policy, the worker's circumstances, and any other applicable immigration requirements.

Workers should review their individual immigration timelines with their employer or qualified immigration counsel rather than assuming that every H-1B or Green Card case is affected in the same way.

Does the $100,000 Payment Apply to Every H-1B Applicant?

Do not assume that every H-1B applicant must pay $100,000.

The relevant proclamation addresses certain workers and contains provisions concerning exceptions. Court litigation has also affected the legal situation surrounding the payment requirement.

Before an employer makes a decision, it should establish:

1.      Whether the worker falls within the scope of the applicable restriction.

2.      Whether an exception applies.

3.      Whether a current court order affects enforcement.

4.      What USCIS and the Department of State currently require for the specific case.

5.      Whether the petition involves a worker outside the United States, a change of status, an extension, or another type of filing.

These distinctions matter because an H-1B case involving a worker outside the United States may not be treated identically to a case involving a worker already present in the country.

Employers should not rely solely on headlines, social media posts, or general statements about the payment.

What Should Existing H-1B Workers Do?

Workers who already hold H-1B status should avoid making sudden decisions based on unverified reports.

Instead, they should:

·        Confirm that their current immigration status and authorized employment remain valid.

·        Keep copies of their approval notices and relevant immigration documents.

·        Monitor communications from their employer and immigration attorney.

·        Check the expiration dates of their I-94 record, petition approval, and visa stamp where applicable.

·        Obtain case-specific advice before international travel, changing employers, or making other significant immigration decisions.

An H-1B visa stamp and H-1B immigration status are not the same thing. A visa stamp generally concerns travel to seek admission, while the authorized period of stay is governed by the applicable immigration record and law.

A person should therefore not conclude that their status has ended merely because a visa policy has changed. Equally, a valid visa stamp should not be treated as a guarantee of admission or permission to remain beyond the authorized period.

What Should Prospective H-1B Applicants Do?

People planning to seek H-1B employment should focus on accurate information and preparation rather than assuming that applications have been permanently closed.

Useful steps include:

·        Confirming whether the prospective employer is willing and eligible to sponsor the position.

·        Understanding whether the position meets the applicable specialty occupation requirements.

·        Preparing accurate educational and professional records.

·        Monitoring official announcements about registration and filing periods.

·        Asking the employer whether any additional restriction or payment requirement applies to the particular case.

·        Avoiding non-refundable commitments based on an unconfirmed immigration outcome. 

The H-1B process involves multiple stages. Registration, petition approval, visa issuance, and admission to the United States are distinct steps, and success at one stage does not guarantee success at every later stage.

Important Note for Readers

Immigration policy is time-sensitive. Court decisions, agency guidance, and subsequent government actions can change how a restriction is applied.

This article provides general information and is not a substitute for legal advice. Before acting on the $100,000 payment requirement or any restriction affecting a specific petition, verify the latest official guidance and consult qualified immigration counsel when necessary.

How Could the New H-1B Restrictions Affect Employers?

The U.S. government has announced measures intended to strengthen oversight of the H-1B program. These include closer interagency coordination and greater scrutiny of certain employment practices.

Under the September 2026 executive order, relevant agencies are directed to consider whether sponsoring employers have recently conducted, or plan to conduct, layoffs affecting similarly situated U.S. workers. Agencies are also directed to review relevant labor condition application data and consider whether further action is warranted.

For employers, this means that maintaining accurate records and complying with H-1B requirements remain important.

Employers should review the following areas:

·        Whether the position qualifies as a specialty occupation.

·        Whether the offered wage satisfies applicable requirements.

·        Whether the labor condition application accurately reflects the employment terms.

·        Whether the worker will perform the duties described in the petition.

·        Whether any material change in employment requires further action.

·        Whether the employer can document compliance with applicable immigration and employment rules.

These measures do not mean that every employer will face a denial or investigation. Their effect depends on the applicable rules and the facts of each case.

Official reference: White House Executive Order on H-1B Program Integrity.

Does the $100,000 Payment Requirement Currently Apply?

The $100,000 payment requirement has been the subject of significant litigation.

The White House announced an extension of the underlying proclamation in September 2026. However, federal court decisions have blocked implementation of the payment requirement.

A federal appeals court previously upheld a ruling blocking the fee, and on September 30, 2026, another federal district court ruled against the requirement. The legal dispute may continue, so employers should verify the latest status before making decisions.

The important distinction is that an announced presidential restriction and an enforceable payment obligation are not necessarily the same thing when court orders are in effect.

Employers should not automatically collect or budget for a $100,000 payment simply because the proclamation was extended. They should confirm the current legal position and obtain case-specific advice where necessary.

For background, see the White House proclamation and current legal reporting on the court decision blocking the fee.

Does the PERM Suspension Mean Existing H-1B Workers Must Leave the United States?

No. A PERM suspension does not automatically mean that an existing H-1B worker must leave the United States.

PERM and H-1B serve different purposes:

·        H-1B: Provides temporary employment authorization under the applicable immigration rules.

·        PERM: Is a labor certification process used in many employer-sponsored Green Card cases.

On October 9, 2026, India's Ministry of External Affairs clarified that the PERM suspension affecting certain companies is distinct from the H-1B program. It stated that the suspension does not, by itself, affect the validity of existing H-1B visas or the status of H-1B holders and their dependents.

However, eligible employees of affected companies may experience difficulties with their employment-based permanent residency process.

This distinction is important: a worker's immigration situation must be assessed separately from the employer's ability to proceed with a particular Green Card application.

Workers should continue to monitor their H-1B approval, I-94 record, employment conditions, and any communications from their employer or immigration counsel.

 How Could PERM Restrictions Affect the Green Card Process?

Many employment-based Green Card cases involve several stages. Depending on the category and circumstances, the process may include PERM labor certification, an immigrant petition such as Form I-140, and an application for permanent residence through adjustment of status or consular processing.

A restriction affecting PERM can create different consequences depending on the stage of the case.

Employees whose PERM applications have not been filed

If an affected employer cannot submit a new PERM application, an employee's Green Card process may be delayed before the labor certification stage begins.

Employees with pending PERM applications

If the relevant government action prevents the employer from processing a pending application, the employer may need to assess the case under the applicable order and seek qualified legal advice.

Employees with an approved PERM but no I-140 petition filed

The employer should confirm whether the certification remains usable and whether any deadlines or restrictions affect the next step.

Employees with an approved I-140 petition

An approved I-140 does not automatically guarantee permanent residence. The next steps depend on the employee's category, priority date, visa availability, and other eligibility requirements.

The effect of a PERM-related restriction on an existing I-140 case must be assessed individually. Workers should not assume either that their Green Card process is unaffected or that their approval has automatically been cancelled.

Can H-1B Workers Change Employers During These Restrictions?

An H-1B worker may be able to change employers if the applicable requirements are satisfied. The process commonly involves a new employer filing an H-1B petition and meeting the relevant eligibility and compliance rules.

However, workers should not assume that a change of employer automatically resolves every immigration concern.

Before accepting a new position, consider:

·        Whether the prospective employer can sponsor the position.

·        Whether the new position qualifies under H-1B requirements.

·        Whether the new employer has reviewed applicable payment restrictions and court orders.

·        Whether the worker can begin employment under the applicable portability rules.

·        Whether the move affects a pending PERM or I-140 case.

·        Whether the worker's current status and authorized stay remain valid.

A change of employer may have consequences for an employment-based Green Card strategy, particularly where the existing employer has already invested time in the PERM process.

For this reason, workers pursuing permanent residence should discuss the proposed move with qualified immigration counsel before making a final decision.

What Should H-1B Workers and Employers Do Now?

The current environment makes accurate information and careful planning particularly important.

For H-1B workers

1.      Keep copies of your H-1B approval notices and I-94 records.

2.      Check the expiration dates of your immigration documents.

3.      Ask your employer whether any PERM or I-140 matter is affected by a government action.

4.      Do not assume that every H-1B worker must pay $100,000.

5.      Obtain advice before international travel or major employment changes.

6.      Verify significant policy announcements through official sources.

For employers

1.      Review current USCIS and Department of Labor guidance.

2.      Confirm the legal status of any payment requirement before filing or making payments.

3.      Maintain accurate wage, job-duty, and employment records.

4.      Review whether any layoffs or employment changes affect compliance obligations.

5.      Consult immigration counsel regarding affected PERM and I-140 cases.

6.      Communicate clearly with sponsored employees about confirmed developments.

Official Sources for Further Updates

Readers should prioritize official government sources and reliable reporting on court decisions.

·        USCIS H-1B Specialty Occupations

·        White House Proclamation on Certain H-1B Workers

·        White House H-1B Program Integrity Executive Order

·        Reuters Report on the Court Decision Blocking the $100,000 Fee

Court orders, agency implementation, and subsequent appeals may change the legal position. Readers should check for newer developments before relying on any summary.

Conclusion

The H-1B program has not simply been abolished. However, employer scrutiny, restrictions affecting certain workers, litigation over the proposed $100,000 payment, and PERM-related actions have created a more complicated immigration environment.

The most important point is to distinguish between temporary H-1B status and the separate process of obtaining permanent residence.

A restriction affecting a particular employer's PERM cases does not automatically invalidate every employee's H-1B status. Likewise, an announcement about a payment requirement should not be treated as proof that the payment is currently enforceable in every case.

Workers and employers should verify the latest official guidance, understand how the relevant rules apply to their circumstances, and seek qualified legal advice before taking consequential action.

Real-Life Scenarios: How Could H-1B Restrictions Affect Workers?

The impact of immigration restrictions depends on the worker's circumstances, the employer's situation, and the legal requirements in effect.

The following scenarios explain why H-1B workers should not assume that every case will be affected in the same way.

Scenario 1: An H-1B Worker Is Already Employed in the United States

A worker is employed by a U.S. company under an approved H-1B petition and has valid authorization to remain in the country.

A new government announcement concerning certain H-1B workers does not automatically cancel that worker's existing status.

The worker should continue to comply with the terms of the approved petition and check whether any specific restriction applies to their circumstances.

What to do: Check the I-94 record, petition approval, employment conditions, and official guidance. Obtain legal advice before making major immigration decisions.

 

Scenario 2: An Employer Wants to Hire a Worker Outside the United States

A U.S. company wants to sponsor a prospective employee who is currently living abroad.

The employer should determine whether the position qualifies for H-1B classification, whether registration or other petition requirements apply, and whether any additional restrictions affect the prospective worker.

The employer should not assume that every overseas H-1B case is subject to the same payment requirement.

What to do: Review the current presidential proclamation, applicable court orders, and official agency instructions before filing or making payments.

Scenario 3: An Employee Has a Pending PERM Application

An employee's employer has already started the employment-based Green Card process, but the PERM application remains pending.

If a government action affects the employer's ability to continue PERM processing, the employee may face delays or uncertainty concerning permanent residence.

However, a PERM-related restriction does not automatically establish that the employee's existing H-1B status has ended.

What to do: Ask the employer or immigration attorney to assess the particular PERM case, applicable deadlines, and available options.

Scenario 4: An Employee Has an Approved I-140 Petition

An employee has an approved I-140 immigrant petition but has not yet received a Green Card.

An approved I-140 is an important stage in many employment-based immigration cases, but it does not itself grant permanent resident status.

The effect of a later restriction depends on the relevant policy, the employee's circumstances, and the stage of the Green Card process.

What to do: Confirm the status of the I-140 petition, priority date, visa availability, and any deadlines with qualified immigration counsel.

Scenario 5: An H-1B Worker Is Considering Changing Employers

A worker receives a job offer from another U.S. employer while a Green Card case is in progress.

Changing employers may be possible, but the new employer must satisfy the applicable H-1B requirements. The move may also affect the worker's permanent residence strategy.

What to do: Before resigning, confirm the proposed employer's sponsorship arrangements and obtain advice about the consequences for any pending PERM or I-140 case.

Frequently Asked Questions About H-1B Restrictions

Q1. Has the United States permanently stopped issuing H-1B visas?

The H-1B program has not simply been abolished. However, particular restrictions, eligibility requirements, and government actions may affect individual cases. Applicants should consult the latest official announcements.

Q2. Must every H-1B applicant pay $100,000?

No. The payment requirement has been subject to legal challenges and court orders. Its application must be assessed under the current legal position and the specific circumstances of the case. Employers should not assume that the same requirement applies to every H-1B worker.

Q3. Does the payment requirement automatically apply to existing H-1B holders?

Existing H-1B holders should not assume that a restriction directed at certain workers entering the United States automatically applies to their current status. The exact scope of the applicable rules and court orders must be verified.

Q4. Does a PERM suspension cancel an existing H-1B visa?

A PERM suspension does not automatically cancel an H-1B visa or terminate H-1B status. PERM and H-1B are separate processes, although restrictions affecting an employer may create difficulties for an employee's Green Card process.

Q5. Can an H-1B worker continue working while a PERM application is delayed?

A delay in PERM processing does not, by itself, terminate otherwise valid H-1B employment authorization. The worker must continue to satisfy the requirements governing their H-1B status and employment.

Q6. What happens if a worker's I-94 expires while the Green Card process is pending?

A pending PERM or I-140 application does not automatically extend H-1B status. The worker should review the applicable extension, change-of-status, or other immigration options with the employer and qualified immigration counsel before the authorized stay expires.

Q7. Does an approved I-140 guarantee a Green Card?

No. An approved I-140 does not itself grant permanent residence. The applicant must satisfy the remaining requirements, including visa availability and the applicable adjustment-of-status or immigrant-visa process.

Q8. Can an H-1B worker change employers during a period of increased scrutiny?

A change may be possible if the applicable requirements are met. The worker and prospective employer should assess the new petition, employment conditions, and any implications for the existing Green Card process.

Q9. Should an H-1B worker leave the United States because of these announcements?

Workers should not make travel or relocation decisions based solely on headlines. They should verify their current status, review the rules applicable to their circumstances, and seek qualified immigration advice before taking consequential action.

Q10. Where can applicants find reliable H-1B information?

Applicants should prioritize official U.S. government resources, including USCIS and the Department of Labor. Court decisions and subsequent agency guidance should also be checked when a rule is being challenged.

 Practical Checklist for H-1B Workers

H-1B workers can use this checklist to organize their immigration records and prepare for potential changes.

·        Keep copies of all H-1B approval notices.

·        Check the expiration date of the current I-94 record.

·        Confirm that employment remains consistent with the applicable petition.

·        Monitor employer communications about immigration policy changes.

·        Keep copies of relevant PERM and I-140 notices, if applicable.

·        Verify whether any restriction applies to the particular case.

·        Do not assume that every worker must pay $100,000.

·        Consult qualified immigration counsel before changing employers or travelling internationally.

·        Do not rely on unofficial social media posts as the sole source of immigration information.

Practical Checklist for H-1B Employers

Employers sponsoring foreign workers should maintain strong compliance procedures.

·        Verify the current requirements before submitting registrations or petitions.

·        Confirm the applicability of any payment restriction and current court orders.

·        Maintain accurate employment, wage, and job-duty records.

·        Review applicable Labor Condition Application obligations.

·        Assess how employment changes could affect individual petitions.

·        Communicate confirmed policy changes to sponsored workers.

·        Review PERM and I-140 cases individually if an employer-specific restriction applies.

·        Obtain legal advice before making significant decisions based on a new immigration announcement.

Official Resources for H-1B and Green Card Updates

For reliable information, use the following official resources:

USCIS — H-1B Specialty Occupations
https://www.uscis.gov/working-in-the-united-states/h-1-b-specialty-occupations

USCIS — Working in the United States
https://www.uscis.gov/working-in-the-united-states

U.S. Department of Labor — Foreign Labor Certification
https://www.dol.gov/agencies/eta/foreign-labor

U.S. Department of State — U.S. Visas
https://travel.state.gov/content/travel/en/us-visas.html

White House — H-1B Restrictions Announcement
https://www.whitehouse.gov/presidential-actions/2026/09/restriction-on-entry-of-certain-nonimmigrant-workers-faad/

Immigration policies, court orders, and implementation guidance can change. Always verify the latest official position before relying on information in this article.

Final Conclusion

The H-1B visa program has not simply been stopped. Nevertheless, immigration restrictions, increased employer scrutiny, litigation concerning the $100,000 payment requirement, and PERM-related actions have created uncertainty for some employers and foreign workers.

The most important distinction is between temporary H-1B status and the separate process of obtaining permanent residence.

A restriction affecting a particular employer's PERM cases does not automatically invalidate every employee's H-1B status. Similarly, a government announcement about a payment requirement should not be interpreted as proof that the payment is enforceable in every case.

H-1B workers and employers should review their individual circumstances, verify the latest government guidance, and obtain qualified legal advice when necessary.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Immigration rules and court decisions may change.

Related H-1B and H-4 Guides

Explore the following existing guides from Alampata Travels:

·        H-1B Visa Transfer Process

·        H-1B Visa Extension Process

·        H-1B to Green Card Process

·        H-4 Visa for Spouse and Children

·        Can H-4 Visa Holders Work in the USA? 

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H1B/H4 Visa Guides: h1b.alampatatravels.com

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