The September 30, 2026 order in Global Nurse Force v. Trump blocks federal agencies from enforcing the policies implementing the $100,000 H-1B payment while the required rulemaking procedures remain unmet. Employers should treat this as an important litigation development and check the latest court orders and agency instructions before filing or arranging travel.
This article addresses the September 30 order and sources reviewed October 14, 2026. It does not promise that the payment can never return. Wilner & O’Reilly managing lawyer Danny Chrisney recommends that employers and workers follow both litigation and regulatory developments closely.
What the Court Ordered
In its September 30 order in Global Nurse Force v. Trump, No. 4:25-cv-08454-HSG, the Northern District of California vacated and remanded the agency policies implementing Proclamation 10973 and its extension, Proclamation 11069. It barred enforcement or implementation of those policies until notice-and-comment rulemaking under the Administrative Procedure Act and the required regulatory flexibility analyses have occurred. The order was entered on a motion for a preliminary injunction, and the litigation continues.
Expiration and Enforcement Are Different Questions
The original proclamation was signed September 19, 2025 and took effect September 21, 2025. A September 18, 2026 proclamation extended it for another twelve months. The extension and the judicial restriction on agency implementation are separate issues: an extended proclamation does not remove the effect of an applicable court order.
The contested supplemental payment should also be distinguished from ordinary H-1B filing fees and any separately proposed fee regulation. Employers still need to evaluate the filing requirements and fees that lawfully apply to their specific petition.
Build a Case-Specific Filing Plan
For an employer, the most useful next step is a written plan identifying the worker, requested immigration benefit, proposed start date, and actions that depend on government approval. Avoid making a hiring or travel decision from a headline alone.
- Confirm whether the request is for consular processing, a change of status, an extension, or another benefit.
- Document where the worker is located and what status and visa documents the worker currently holds.
- Confirm cap selection or cap exemption, filing deadlines, and the required labor condition application.
- Ask counsel to check current court orders and the fee instructions immediately before filing.
- Build a realistic hiring timeline and contingency plan for processing or consular delays.
Keep Immigration and Travel Decisions Aligned
A petition filing, approval, visa issuance, and permission to enter are distinct steps. Coordinate proposed travel with counsel, especially if the worker’s requested benefit depends on remaining in the United States. Keep the employer’s human resources team, the worker, and counsel working from the same documented facts.
A useful planning file includes the prior approval notices, current I-94, passport and visa copies, job description, employment dates, and any government correspondence. Update that file whenever an important fact changes. This makes it easier to evaluate new agency guidance against the actual case.
Frequently Asked Questions
Has the $100,000 payment been permanently abolished?
Do not read the September 30 order as a guarantee of permanent abolition. Litigation and future rulemaking can change the applicable requirements.
Are all ordinary H-1B filing fees also eliminated?
No. The disputed supplemental payment is separate from other fees and petition requirements.
Should an employer delay every H-1B case?
There is no universal answer. Filing deadlines, the worker’s status, hiring needs, and the current legal requirements should be reviewed together.
Need help planning an H-1B filing?
Wilner & O’Reilly can review your documents, identify the rules that apply to your circumstances, and help you plan your next steps. Contact our immigration team to discuss your case.
This article provides general information, not individualized legal advice. Immigration rules and litigation can change. Sources reviewed October 14, 2026.
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