Speaking Engagements
Healthcare Securities Class Actions, SEC Enforcement & Emerging Capital Markets Risks
September 2, 2026
Since the White House issued the executive order titled “Restriction on Entry of Certain Nonimmigrant Workers,” requiring payment of $100,000 for foreign nationals seeking entry into the U.S. in H-1B status, U.S. Citizenship & Immigration Services (USCIS) has published guidance on its website to address ongoing ambiguities.
USCIS clarifies that the following categories of H-1B petitions filed September 21, 2025, or later are subject to the payment:
The guidance further states that the $100,000 payment does not apply to:
This guidance clarifies several important questions. First, the payment does not apply to beneficiaries who are currently in the U.S. in any status and seek a change of status to H-1B or an amendment or extension of their current H-1B status, as long as USCIS approves the request. If for some reason USCIS determines that the beneficiary is ineligible for the requested change of status, amendment, or extension, then the $100,000 payment will be required.
Second, for those beneficiaries who are selected in the H-1B visa lottery in 2026, the $100,000 payment will not be required as long as the foreign national employee remains in the U.S. when 1) the H-1B petition is filed; 2) the petitioning employer requests a change of the foreign national’s status to H-1B on the requested start date (on or after October 1, 2026); and 3) USCIS approves the request.
Finally, an H-1B petition requesting consular notification, port of entry notification, or pre-flight inspection — whether the beneficiary is already within the U.S. or abroad — will be subject to this payment.
In issuing this executive order, the administration is asserting the authority established in the Immigration and Nationality Act for the president to prescribe “limitations and exceptions” on foreign nationals entering the U.S. (215(a) and to “impose on the entry of aliens any restrictions he may deem to be appropriate” when the entry of “any aliens or any class of aliens” is “detrimental to the interests of the United States” (212(a)). Litigation, including a lawsuit filed by the U.S. Chamber of Commerce, has challenged this $100,000 payment and is currently pending.
Resources
This just in
Speaking Engagements
Healthcare Securities Class Actions, SEC Enforcement & Emerging Capital Markets Risks
September 2, 2026
Speaking Engagements
PFAS for Decision Makers: Managing PFAS Risk in Today’s Deals – While Preparing for What’s Next
August 27, 2026 | 12:00 PM – 1:00 PM CT
Webinar
Firm Events
Cocktails and Networking During MEDevice Boston
August 26, 2026 | 6:00 PM – 8:00 PM ET
Lifted Restaurant
450 Summer St, Boston, MA 02210
Speaking Engagements
The 2026 Multifamily Maturity Cliff: Reading the $162 Billion Refinancing Wave and the Engagements It Will Generate
August 26, 2026 | 1:00 PM – 3:10 PM ET
Webinar