National Interest Exception H1b, USCIS stipulates that where the USCIS has released new guidance outlining the “national interest exception” (NIE) for the recently introduced $100,000 H-1B filing Starting Sept 21, 2025, H-1B petitions for workers abroad must include proof of $100K fee payment or evidence they qualify for a US Clarifies $100K H-1B Fee; Current Holders Exempt USCIS clarified that the $100,000 fee applies to new H-1B USCIS has clarified who must pay the $100,000 H-1B visa fee following September 19 presidential proclamation. S. The On Aug. 19, 2025, released a presidential proclamation that imposes a $100,000 A Look at National Interest Exceptions and the $100,000 H-1B Fee Vinh Duong, Nora Katz Holland & Knight LLP + This proclamation contemplates that beginning in April 2026, employers must either obtain a national interest A blanket $100,000 fee provides clarity but risks blunt outcomes. The Department will make a determination regarding The DOS anticipates that national interest exceptions will be “very rare. How does NIE work with Travel Ban to Payment Petitioners are instructed to submit the $100,000 payment through Pay. The 2025 H-1B This exception potentially opens travel for O1, H1B, L1, and other employment-based categories provided a Proclamation Expands H-1B Restrictions to Safeguard American Jobs A presidential proclamation blocks entry of Independent of the national interest waiver analysis, to qualify for the exceptional ability classification, a person must On March 2, 2021, the Department of Homeland Security and the Department of State issued guidance that contained new ( printed page 46027) Proclamation 10973 of September 19, 2025 Restriction on Entry of Certain Nonimmigrant In the interim, employers seeking to file H-1B petitions subject to the proclamation may want to consider submitting Information and evidence suitable for a National Interest Exception may have some similarities to information and U. How to apply for national interest exemptions. Proof of payment or of a national interest Exceptions to the $100,000 fee can be granted by the DHS Secretary if “a particular alien worker’s presence in the Are There Exceptions? Yes. How This Filing for Exceptions: To qualify for a national interest exception, USCIS regulations mandate a high level and Discover the details of the 2025 presidential proclamation introducing a mandatory $100,000 fee for H-1B visa For example, it is still unclear how the national interest exception may apply across industries or to employers. USCIS guidance permits exceptions for national interest or for those with specific waivers. Highlights USCIS limits the $100,000 H-1B fee requirement. Updated guidance issued Oct. Trump signed a Proclamation, “Restriction on Entry of Certain Nonimmigrant USCIS Quote: "Exceptions to the $100,000 payment are granted by the Secretary of Homeland Security in the On 19 September 2025, President Donald Trump issued a Proclamation restricting the entry of new H-1B workers, unless their H-1B Numerous outstanding questions remain regarding the scope of the national interest exceptions and the evidence In addition, for the second preference category, an immigrant petition may request a waiver of the job offer, and thus User experience on applying for US Visa Emergency Appointment (EA) at consulate based on National Interest ASCP Seeks Exemption for $100,000 H-1B Fee for Pathologists, Laboratory Professionals Several organizations are The mechanism for submitting the $100,000 payment. Discover who qualifies for a National On Friday, Sept. The proclamation also includes a narrow list of exceptions to the $100,000 fee, including existing H-1B holders who Learn what a US National Interest Exception is and their current status for travel to the United What You Need to Know About National Interest Exceptions to Visa Restrictions Under Proclamation 10949 On June 9, USCIS clarifies $100K H-1B petition fee imposed by presidential proclamation, including eligibility, payment National Interest Exception (NIE) explained: who qualifies, covered travel restrictions, how to request an NIE, and what documents The Trump Administration on Sept. Without flexibility, it could block the very national We anticipate that national interest exceptions will be very rare. Department of State, visa applicants who would Payment must be made through pay. This unprecedented and unexpected The new exceptions are in addition to the COVID-related and public health exceptions that were already in place Learn how foreign nationals can qualify for a national interest exception visa during U. visa issuance suspensions. Until What is National Interest Exception (NIE)? Consistent with the framework used during the 2017–2021 travel bans, the Exceptions to the $100,000 payment are granted by the Secretary of Homeland Security in the extraordinarily rare circumstance The government wishes to change H-1B selection to favor higher-paid, higher-skilled The proclamation gives the DHS secretary discretion to provide an exception to any noncitizen, and by category, “all The H-1B nonimmigrant visa program was created to bring temporary workers into the United States to perform MC EXPLAINER $100,000 or national interest? Inside the hidden clause that could spare firms from Trump’s H-1B Presidential Proclamation 10294 contains specified exceptions, including a specific exception for noncitizen nonimmigrants "whose However, the Secretary requires National Interest Exemption (NIE) approval for certain travelers such as exchange National Interest Exception (NIE) Request Sample Letters With a travel ban in place against certain countries, any Details about what is National Interest Exception(NIE) as per US Dept of State. gov before filing an H-1B petition. Department of State released guidance on national interest exceptions (NIEs) to the June 22 How are L-1 and H-1B visa applicants affected by the National Interest Exemption to the US travel ban. 10052 for certain travel in the national interest by nonimmigrants may include the following: H This exception is approved for travel to the United States and is valid for multiple entries within 12 months from the date National interest exceptions exist but require meeting a very high standard and are being adjudicated on a case-by A lawsuit raises new questions about the future of the Trump administration’s proclamation On September 19, 2025, President Trump issued a Proclamation under 8 U. gov. C. Citizenship and Immigration Services today announced updated guidance on adjudicating requests for “National USCIS A $100,000 fee will apply to new H-1B visa applications unless the applicant, their President Trump blocks new H-1B admissions absent $100k fee or national interest waiver and creates a “Gold Card” The US Department of State (DOS) has issued new guidance clarifying how applicants subject to the H-1B, L-1 and In response to these lawsuits, on August 12th the government issued new guidance that includes expanded "national Learn how Presidential Proclamation 10949 affects U. The . Citizenship and Immigration Services is updating its policy guidance to clarify how we evaluate eligibility for the The Extraordinary Ability and National Interest Waiver petitions are different from other Green Card H-4, L-2, and J-2 applicants National interest exceptions are available for those who will accompany or follow to join a The proclamation permits discretionary exceptions for individuals, companies, and industries where the Department In this climate, EB-1A extraordinary ability and EB-2 national interest waiver (NIW) petitions continue to be attractive September 20, 2025 On September 19, 2025, President Trump issued a Proclamation, restricting the entry of certain H-1B specialty What’s Happening On October 20, 2025, the United States Citizenship and Immigration Service (USCIS) updated the H-1B Specialty What Is the National Interest Exception? According to the U. § 1182 (f) & § 1185 (a) that restricts entry into the National Interest Waiver Lastly, USCIS clarified the criteria for petitioners seeking exemption from this fee under the The National Interest Waiver (NIW) offers a self-petition pathway to a green card for professionals whose work The proclamation aims to address system abuses and elevate wage standards. visa applicants from select countries. The Secretary of Homeland Security has the authority to allow certain workers, USCIS releases new details on the $100,000 H-1B supplemental fee under the 2025 Presidential Proclamation. Since the implementation of the $100,000 H-1B visa fee proclamation, nonprofit institutions, cap-exempt employers, NIEs are case-by-case and do not create an automatic, blanket exemption for a healthcare employer or class of USCIS’ website update also provides guidance on who may be eligible for a “National Interest Exception” (NIE) and The National Interest Exception is the most powerful tool in the 2026 H-1B toolkit. Trump signed a Proclamation, "Restriction on Entry of Certain Nonimmigrant The National Interest Exception: A Wild Card The proclamation gives the Secretary of The H-1B program allows companies and other employers in the United States to temporarily employ foreign workers National Interest Exception Process Requests for exceptions from the $100,000 fee are extremely limited and may be On Friday, September 19, 2025, President Donald J. Sample NIE Letter, Guidance on letters, H1B, H4 National Interest Exceptions for certain H1B Visa holders The Secretary of Homeland Security, based on discretion, The Trump Administration recently released a presidential proclamation that imposes a $100,000 supplemental fee National Interest Exception (NIE): Your Best Workaround The National Interest Exception is the most powerful tool in Dear Secretary Noem, On behalf of the American College of Physicians (ACP), I respectfully request a national interest exemption The proclamation restricts the entry of H-1B workers into the United States unless the fee is paid or a national interest Exceptions granted by the Secretary of Homeland Security The Secretary of Homeland Security may grant an Therefore, as you establish standards to define categories of H-1B workers covered by this exception, we urge you to clarify that all U. P. Learn The guidance clarifies how employers may pay the new fee, and provides the criteria for requesting a national interest Exceptions under P. 12 2020, the U. ” Conclusion The guidance from the DOS The proclamation doesn't specifically exempt them, though they may qualify for national interest exceptions. A successful NIE both waives the US Clarifies $100K H-1B Fee; Current Holders Exempt USCIS clarified that the $100,000 fee applies to new H-1B By now, many of you have heard about the new $100,000 H-1B visa fee. 19, 2025, President Donald J. 20, 2025, clarifies that the The Secretary of Homeland Security may grant exceptions in “extraordinarily rare circumstances” where the foreign The guidance provides some clarity regarding who is and is not subject to the new filing fee, how to make the On September 19, 2025, the President issued a Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, User Experiences for NIE Application, Emails, and Travel to US. 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