By Shincy George | NursingManthra
Updated: 15 October 2026
You studied for NCLEX-RN, passed the examination and perhaps already received your US state nursing license. Then reports about a US$100,000 H-1B payment made you wonder whether finding an American employer was still realistic.
If that uncertainty caused you to stop applying for jobs, it is time to review your options again.
Court orders currently block enforcement of the additional US$100,000 H-1B payment. Nurses can continue approaching employers for suitable sponsored positions. However, the ruling does not guarantee sponsorship, remove ordinary immigration expenses or make every registered nurse eligible for H-1B.
This update explains what has changed and what NCLEX-RN passed candidates should do next.
What is the latest court order about?
In Global Nurse Force v. Trump, US District Judge Haywood Gilliam issued an order on 30 September 2026 blocking agencies from implementing or enforcing the policies requiring the additional US$100,000 H-1B payment.
The order covers the policies implementing both the original 2025 proclamation and its September 2026 extension.
According to the case update published by the plaintiffs’ legal representative, the court found problems with the administrative process, including the failure to follow required public notice-and-comment procedures. It did not cancel the presidential proclamation itself.
The practical result is that the additional payment is currently blocked while litigation continues.
Did the court reduce all H-1B visa fees?
No. The court blocked an additional payment requirement; it did not reduce every H-1B-related charge.
Ordinary petition, visa and other applicable expenses remain separate. Applicants should therefore avoid interpreting the news as “H-1B is now free” or “all US nursing visa fees have been cancelled.” oiss.washu.edu
Before proceeding, request an itemized explanation of expenses from the employer or its immigration attorney.
Is this a permanent decision?
The legal position remains under challenge. Reporting in October 2026 confirms that the administration has appealed the September court order. An appeal does not, by itself, establish that collection of the payment has restarted. Employers should have their attorney confirm the operative court orders and filing requirements immediately before submission. financialexpress.com
For candidates, this means there is a basis to restart conversations with employers, while keeping the application plan responsive to further developments.
What about the proposed US$103,265 H-1B fee?
A separate DHS proposal published on 25 August 2026 seeks an additional US$103,265 fee for cap-subject H-1B petitions.
The Federal Register document is a notice of proposed rulemaking, rather than a final rule establishing a payable charge. In the sources checked for this update, final implementation was not established.
This proposal and the court-blocked US$100,000 payment are separate measures. They should not be combined into a single claim that every overseas nurse must now pay either amount. federalregister.gov
What does this mean for NCLEX-RN passed candidates?
You can apply for jobs and ask employers to assess sponsorship options.
If you paused your search because of the payment announcement, contact recruiters and hospitals again. Ask whether they have reviewed the court developments and whether they are considering overseas nursing applicants.
Use this opportunity to update your application profile rather than waiting without taking any steps.
Your immediate priorities should be:
- Confirm your NCLEX-RN result and state licensure status.
- Update your CV and recent clinical experience.
- Check your healthcare worker certification requirements.
- Identify employers offering the immigration route appropriate to your position.
- Ask for a realistic explanation of sponsorship and joining timelines.
The ruling concerns an immigration payment. Your licensing, credentials and employment suitability still need individual assessment.
NCLEX-RN passed and US RN licensed: understand the difference
Passing NCLEX-RN and holding an active RN license are related milestones, but they are not interchangeable.
US nursing authorization comes from the relevant state board of nursing, whose requirements vary. Check that your board has actually issued your license and whether any conditions remain outstanding. NCSBN
Present your status accurately on your CV:
If you have passed NCLEX-RN but your license is pending:
“NCLEX-RN passed; state RN licensure application pending.”
If your license has been issued:
“Registered Nurse — [State], license number [number], valid until [date].”
If an employer is in another state, check that state’s licensing requirements. An existing single-state license does not automatically authorize practice throughout the United States. NCSBN
Does every US-licensed nurse qualify for H-1B?
No. H-1B eligibility depends on the offered position as well as the applicant’s qualifications.
USCIS nursing guidance explains that ordinary registered nurse positions generally do not meet the specialty-occupation requirement. Certain specialized nursing positions may qualify with sufficient evidence, while advanced practice roles generally have a stronger basis because of their required education and training.
A BSc Nursing degree, an MSc Nursing degree, NCLEX-RN success or extensive experience does not establish eligibility by itself. The employer must demonstrate that the particular job meets H-1B requirements. www.uscis.gov
For example, a nurse with ICU experience should ask the employer how the proposed role qualifies. The words “ICU nurse” on a job advertisement are not sufficient proof of eligibility.
Why should nurses also ask about EB-3 sponsorship?
A US nursing job search should include a clear discussion of which immigration pathway the employer offers.
H-1B is a temporary specialty-occupation route. Employer-sponsored immigrant nursing opportunities involve a different process.
| Question | H-1B opportunity | Immigrant nursing opportunity |
|---|---|---|
| What should the candidate clarify first? | Why the specific position qualifies for H-1B | Which immigrant category and sponsorship process the employer proposes |
| Does the US$100,000 H-1B dispute determine the whole case? | It concerns a possible additional payment in covered H-1B cases | It does not determine immigrant visa availability |
| What needs separate assessment? | Job eligibility, credentials, licensing and petition requirements | Credentials, licensing, petition requirements and visa availability |
TruMerit identifies both immigrant visa and H-1B pathways for internationally educated nurses and explains the need for an employer petitioner and applicable healthcare worker screening. trumerit.org
If your recruiter is offering EB-3 sponsorship, ask them to explain that route directly. Do not assume that an H-1B fee announcement means your EB-3 application must stop.
Does the court order remove the Indian green card backlog?
No. The H-1B payment litigation does not change employment-based immigrant visa priority dates.
For an immigrant visa case, the relevant category, country of chargeability and priority date must be checked against the Department of State’s Visa Bulletin. A job offer or approved petition does not necessarily mean that a visa is immediately available. travel.state.gov
Ask the employer’s attorney to distinguish:
- When the employer can begin sponsorship.
- When a petition may be filed or decided.
- When an immigrant visa may become available.
- When you may realistically join the workplace.
These are separate stages.
Documents to prepare before restarting your job search
Keep an organized application folder containing:
- Updated CV with accurate employment dates.
- Valid passport.
- NCLEX-RN pass evidence.
- US state RN license details, if issued.
- Nursing qualification certificates and transcripts.
- Home-country and other professional registration details.
- Experience certificates and references.
- Relevant clinical certifications.
- English-language test results, if applicable.
- VisaScreen or other applicable healthcare worker certification details.
- Previous immigration petition details, if any.
- A clear explanation of employment gaps or pending documents.
This is a preparation checklist. The exact documents needed will depend on the employer, state board and immigration pathway.
Healthcare worker certification is a separate requirement from professional licensure. Check the applicable process even if you have passed NCLEX-RN or received a US nursing license. uscis.gov
What should you ask a recruiter before accepting an offer?
Request clear answers to the following:
- Who is my legal employer, and where will I work?
- Is the proposed sponsorship H-1B or an immigrant pathway such as EB-3?
- If H-1B, why does this position qualify?
- Is the H-1B petition cap-subject or cap-exempt, and on what basis?
- Has your attorney reviewed the current court orders and applicable fees?
- Which costs does the employer cover?
- What costs, repayment clauses or contractual commitments apply to me?
- What licensing or certification steps remain?
- What is the realistic joining timeline?
Keep the written offer, fee breakdown and contract together so you can compare opportunities properly.
A message you can send to a previous recruiter
“Dear Recruitment Team, I previously expressed interest in a sponsored registered nurse opportunity with your organization. I have passed NCLEX-RN and [hold an active RN license in State / am completing state licensure]. Following the recent court developments concerning the additional H-1B payment, I would like to ask whether you are currently considering overseas candidates. Please confirm the available positions, proposed immigration pathway, eligibility requirements and expected sponsorship timeline. I would be pleased to share my updated CV and credentials.”
NursingManthra’s message to nurses waiting for US employment
If you have already passed NCLEX-RN, keep your application moving. Review your license status, maintain your clinical experience and approach employers whose positions match your background.
The current court relief is a reason to revisit sponsorship discussions. The next step is to find out which employer, position and immigration pathway can work for your individual circumstances.
NursingManthra can assist with reviewing your licensing documents and identifying pending documentation steps before you approach an employer.
WhatsApp: +971 50 251 5717
Website: www.nursingmanthra.com
This update reflects sources checked on 15 October 2026. Court orders and immigration requirements can change. The sponsoring employer’s US immigration attorney should confirm the applicable rules before filing or requesting payment.
About the Author
Shincy George, RN, MSN (Cardiothoracic Nursing), SCFHS-RN, DHA RN, MOH UAE RN, NCLEX-RN (USA), is the Founder of Nursing Manthra Academy.
With extensive international clinical and academic experience, she is dedicated to guiding healthcare professionals through global licensing pathways. Through Nursing Manthra, she supports internationally educated healthcare professionals in achieving their career goals across Canada, USA, UAE, Middle East, UK, Ireland, Australia, New Zealand, and other countries.
Her mission is to simplify complex licensing processes and empower healthcare professionals with the right knowledge, guidance, and support to succeed globally.
