Following the U.S. government’s new rule requiring a $100,000 fee for many new H-1B visa petitions filed after September 21, 2025, the United States Citizenship and Immigration Services (USCIS) has clarified the process for seeking a waiver under the “National Interest” clause.
What the Fee Rule Says
- The fee applies to new H-1B specialty occupation petitions filed for beneficiaries outside the U.S. after the effective date of September 21, 2025.
- The payment must accompany each petition unless the employer qualifies for an exemption.
- Current H-1B holders, extensions, and amendments within the U.S. are exempt from this fee.
What Is the “National Interest” Waiver?
The proclamation authorizes the Secretary of Homeland Security to waive the $100,000 fee if doing so serves the national interest of the United States. Employers must therefore prove their hiring supports a critical public benefit such as national security, advanced research, health care, or an occupation facing severe skill shortages.
How to Request the Waiver Step by Step
- Employer identifies eligibility: The company must show that the role meets national interest criteria.
- Prepare waiver documentation: Attach a letter explaining the national interest rationale, along with supporting evidence such as research work, shortage data, or expert recommendations.
- Submit the petition: File Form I-129 with USCIS, clearly stating that a waiver is being requested under the national interest clause.
- Await review: USCIS will assess whether the exemption applies. If denied, the employer may have to pay the fee before approval.
- Maintain compliance records: Keep evidence of the waiver request or payment for official verification.
What Employers & Applicants Should Know
- The waiver is discretionary, not automatic.
- Submitting incomplete documentation could lead to petition denial.
- The policy primarily affects employers hiring talent from outside the U.S.
- Many tech and research firms are preparing detailed justifications to qualify for this waiver.
What to Watch Next
- USCIS is expected to release further guidance clarifying waiver eligibility.
- Policy experts predict possible legal challenges from businesses and immigration advocacy groups.
- Companies may begin exploring alternative visa categories (like L-1 or O-1) to avoid the high fee.
