What's Happening?
The U.S. Citizenship and Immigration Services (USCIS) has issued clarifications regarding the $100,000 fee for H-1B visa applications under a recent Presidential Proclamation. The fee applies to new petitions filed after September 21, 2025, for beneficiaries
outside the U.S. without a valid H-1B visa. Exemptions include previously issued visas, reentry on a current visa, and petitions for amendments or extensions for those already in the U.S. USCIS also outlined criteria for a National Interest Waiver, allowing petitioners to request exemption from the fee if the beneficiary's presence is deemed in the national interest and no American worker can fill the role.
Why It's Important?
The clarifications provide guidance for employers and applicants navigating the new H-1B visa fee structure. Understanding the exemptions and waiver criteria is crucial for businesses relying on foreign talent, particularly in specialized fields. The fee and its exemptions could influence hiring practices, with companies potentially seeking alternative visa options or focusing on local talent. The National Interest Waiver offers a pathway for critical roles to bypass the fee, ensuring that essential skills remain accessible to U.S. employers.
What's Next?
Employers and applicants will need to assess their eligibility for exemptions or waivers under the new fee structure. The USCIS's clarifications may lead to further legal interpretations and potential adjustments in the policy. Businesses may continue to advocate for reforms that balance the need for skilled foreign workers with domestic employment priorities. The impact of the fee on the H-1B visa program and U.S. competitiveness in attracting global talent will be closely monitored.
