National Interest Exemption H1b, Here’s how companies, industries or workers might escape the payment. 2025, many foreign nationals have been left with questions regarding their eligibility for visa issuance and Therefore, as you establish standards to define categories of H-1B workers covered by this exception, we urge you to clarify that all physicians, including medical residents, fellows, researchers, and those National Interest Exception (NIE) Request Sample Letters With a travel ban in place against certain countries, any traveler originating from there ASCP Seeks Exemption for $100,000 H-1B Fee for Pathologists, Laboratory Professionals Several organizations are seeking exemptions from the fee for healthcare MC EXPLAINER $100,000 or national interest? Inside the hidden clause that could spare firms from Trump’s H-1B visa fee Trump’s $100,000 H-1B fee rule includes a Section 1 (c) To qualify for the exemption, the petition must demonstrate that all four National Interest Exemption criteria are satisfied, which are adjudicated on What is National Interest Exemption (NIE) in the US? The United States’ National Interest Exemption is a discretionary measure that allows On October 25, 2021, President Biden issued Presidential Proclamation 10294, entitled "Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic," which suspends and limits the This "national interest exemption" (NIE) provision provides theoretical relief but creates practical challenges: Advantages of NIEs: Could exempt entire categories of workers (e. We anticipate that employers seeking an exemption will be required to provide strong While the H-1B visa program remains active, including alternative petition pathways such as national interest exemptions, we anticipate further There seems to be conflicting info on this!! I got granted a NIE H1B work visa - do I have 30 days to get in?? Monitor for Updates. , all H-1B status (specialty occupations) The H-1B visa status permits a qualified nonimmigrant alien, i. Learn about the eligibility, application process, and strategic advantages of National Interest Exemption: A Narrow Path Forward: Section 1 (c) of the Proclamation authorizes the Secretary of Homeland Security to waive the $100,000 fee requirement if:the The second-preference employment category (EB-2) allows individuals of exceptional ability and individuals who are members of the professions holding advanced degrees to get a Green H1B Cap Exempt for Universities and Nonprofits Explained H-1B cap-exempt status lets universities and nonprofits hire skilled foreign workers . with our guide on H-1B cap-exempt employers and job opportunities. employment immigration On September 19, 2025, President Trump issued a new Proclamation imposing a $100,000 fee for H-1B petitions. We anticipate that national interest exceptions will be very rare. However, the U. This alert has National interest exception → A discretionary exemption allowing entry when hiring an H-1B worker is deemed critical to U. Trump signed a Proclamation to restrict the entry into the United States of certain H-1B Trump proclamation imposes $100,000 fee on H-1B beneficiaries abroad; effective Sept 21, 2025 Agencies to deny consular visas or entry absent Independent of the national interest waiver analysis, to qualify for the exceptional ability classification, a person must substantially benefit prospectively the national economy, cultural or Home Joint Coalition letter to Secretary Noem Requesting an National Interest Exemption for IMGs Requiring H1-B Visas Submitted by on Fri, 09/26/2025 - 9:30 AM EDT In a move propelled by the indirect impact of the Trump-Biden standoff, the White House announced ‘national interest exemptions’ to Donald National Interest Exemptions: The Proclamation includes reference to national interest exemptions for certain industries and occupations. The 2025 H-1B Proclamation is a seismic shift in the U. Timing and outcome of expected federal litigation, which may suspend or alter enforcement. Criteria and process for national interest exemptions. Citizenship and Immigration Services today announced updated guidance on adjudicating requests for “National Interest Waivers” regarding job offer and labor certification National interest exemption (NIE) → A discretionary waiver granted by DHS that can exempt individuals, companies, or industries from the $100,000 The Secretary of Homeland Security may grant exemptions of the fee under certain circumstances, but USCIS notes the high threshold that would have to be met to obtain a national A $100,000 fee will apply to new H-1B visa applications unless the applicant, their company, or their industry qualifies for a “national interest” Learn what H1B cap exempt means, which employers and roles qualify, and how to apply for an H1B cap exempt petition without being subject Fact Sheet #62Q: What are “exempt” H-1B nonimmigrants? This fact sheet provides general information concerning exempt H-1B nonimmigrants under the H-1B program. S. How to apply for national interest exemptions. The Proclamation bars entry of H-1B visa holders unless the fee was paid. The government has yet to announce what The Secretary of State also gave automatic exemptions to students, fiancés’ of U. This will be The proclamation gives the Secretary of Homeland Security the discretion to decide whether a national interest exception is warranted. This proclamation contemplates that beginning in April 2026, employers must either obtain a national interest exception or pay $100,000 for Following the implementation of the travel ban implemented on 09. 21, 2025, will be subject to the $100,000 fee, as the If possible, negotiate salary / job title to fit where exemptions or prevailing wage rules may favor. The language mirrors National Interest Waiver standards but is even more restrictive—you must prove not just that the work is in the national interest, but that requiring this Trump’s $100,000 H-1B fee rule includes a Section 1 (c) exemption. Customs and Border Protection contains information about how recent department guidance regarding National Interest "What are the national interest exemptions going to be? How would a company apply for that, if they can get the entire company to get the exemption? How would the individual apply?" The Department of State (DOS) has provided more details to the Consulates on the national interest exemption under President Donald Trump’s June 22, 2020, executive order. Limited “National Interest” Carve-Out The EO allows DHS to exempt individuals, companies, or even entire industries when it determines that – National interest path: If your company or industry aligns with the order’s national interest criteria, prepare evidence packages to support exemption requests. To the Presidential Proclamation (PP) Restriction on Entry of Certain Nonimmigrant Workers, issued on September 19, 2025, restricts the entry of aliens into the United States as H-1B Learn ALL about H-1B Cap Exempt employers list, processing times, eligibility, transfers, and jobs in 2026 in VisaNation's Definitive Guide. Stay informed about guidance on national interest exemptions and regulatory changes affecting wage levels and petition Restricts entry of new H-1B specialty-occupation workers unless employers pay $100,000 fee or receive a national-interest exemption, and Latest national interest exemptions to US travel ban The US State Department has issued further guidance on the types of travel that may be considered to be in the national interest, I therefore find that the unrestricted entry into the United States of certain foreign workers who are described in section 1 of this proclamation Similar exceptions apply for H-2B and J-1 visa applicants. Citizenship and Immigration Services (USCIS) recently posted further guidance on the new $100,000 H-1B fee by posting information on its website clarifying when the fee will apply What is a National Interest Exception? A National Interest Exception (NIE) is an exception to existing immigration laws that allows certain individuals to enter the United States for reasons of national The guidance aims to protect workers already in the U. Since the implementation of the $100,000 H-1B visa fee proclamation, nonprofit institutions, cap-exempt employers, and federally If an employer cannot count on an exemption, it must either 1) pay in advance $100,000 immediately or 2) hire domestically – and for many specialties/locations, the domestic pool is The only exceptions for those affected could be obtained by filing a National Interest Exception (NIE). Impact on Employers and Employees This guest blog post from the U. The impact and long-term enforceability of Is a National Interest Exemption (NIE) required for a person with a valid, stamped H-1B visa in passport who intends to travel back to USA from Turkey. for Due to COVID-19, entry bans apply to the United States. Generally, family dependents of H-1B, L-1, H-2B and J-1 applicants will be considered exempt with the principal applicant. cap-subject visas are available for different types of employers and jobs. Please contact us today to schedule a legal Here are the National Interest Exceptions (NIE) to the ban regarding H-1Bs (professionals), H-2Bs (seasonal or temporary workers), L-1As (multinational manager or executive DHS may grant national interest exemptions; State will verify payment and restrict B‑1/B‑2 use before Oct. trade or A: CLARIFIED: Cap-exempt organizations that file new H-1B petitions after Sept. e. 1, 2026. Congress capped H-1B visas at 85,000 a year, ACP writes to request a national interest exemption for medical residents, fellows and physicians affected by the Proclamation entitled, “Restriction on Entry of Certain Nonimmigrant The mechanism for submitting the $100,000 payment. 212 (f) and 215 (a) INA → Sections of the Protecting American Jobs Today, President Donald J. Special attestations applicable to At a Glance: The National Interest Exception (NIE) is an exemption to the COVID-19 travel bans that allow non-citizens entry into the U. authorities have implemented National Interest Exceptions, which make Nonresident aliens (NRAs) are not taxed on certain kinds of interest income, including but not limited to certain portfolio interest and deposit interest, that is not effectively connected with a U. The White House suggests The Extraordinary Ability and National Interest Waiver petitions are different from other Green Card processes because they don't require a job or job offer in the H1B Cap Exempt Employers: How Do You Find Out If You Qualify? Introduction The regulations provide for a cap of 65,000 on H1B applications approved every CAP Exempt petitions are generally complex, and it is highly advised to consult with an experienced immigration lawyer. visa issuance suspensions. National Interest Exemptions While the proclamation references potential exemptions for certain industries or occupations deemed in the national interest, no guidance exists on which Doctors May Get Exemption from $100,000 H-1B Fee, Report Says A September 19, 2025 proclamation imposes a $100,000 fee on new H-1B petitions. We are awaiting further details on the logistics of the national interest exemption process. 21, 2025, with limited exemptions and ongoing uncertainty for employers and DHS may grant national interest exemptions at the individual, company, or industry level, though no criteria or Guidance is hopefully imminent, but may not be provided before the Proclamation becomes effective. However, the Secretary requires National Interest Exemption (NIE) H-1B $100,000 Fee Explained: Debunking 8 Common Myths A Presidential Proclamation sets a $100,000 fee on new H‑1B petitions effective Takeaway for Employers With significant uncertainties surrounding fee payment procedures, "national interest" exemptions, and impacts on visa processing, it is imperative that Certain U. Department of State and U. Keep close records of job offers, wage levels, and employer While the basic qualifications are the same, H-1B cap-exempt vs. , an alien who is not a lawful permanent resident (also known as a “green card holder”), to temporarily US Clarifies $100K H-1B Fee; Current Holders Exempt USCIS clarified that the $100,000 fee applies to new H-1B petitions filed for beneficiaries outside the U. DHS and State enforce entry restrictions if unpaid. ; in‑country changes of No hospital will pay a 100,000 fee for a 55,000 resident salary. Travel is U. A limited, evidence-heavy national interest exception may apply in rare cases. national interests. g. U. NAFSA: Association of International Educators is the world's largest nonprofit association dedicated to international education and exchange. ” But they may be spared, as healthcare professionals could fall under a national User Experiences for NIE Application, Emails, and Travel to US. ” This proclamation Learn how foreign nationals can qualify for a national interest exception visa during U. S citizens, and other immigrants. President Trump’s September 19, 2025 proclamation imposes a Healthcare employers in the US seeking to hire foreign healthcare professionals can take advantage of the H-1B cap-exemption, which allows However, if your H1B status is based on employment in a cap-exempt position and the change is to a non-exempt position, your change of employer petition will be subject to the cap. while imposing costs on first-time overseas hires. The Department will make a determination regarding a national interest exception on Such questions must be addressed to the specific employer. A: The Proclamation does not create categorical exemptions. Note that the Department of Homeland Security (DHS) may exempt individual cases, employers, or even entire industries if the National Interest Exemption: A Narrow Path Forward: Section 1 (c) of the Proclamation authorizes the Secretary of Homeland Security to waive the $100,000 fee requirement if:the On September 19, 2025, President Trump issued a Presidential Proclamation, “Restriction of Entry of Certain Nonimmigrant Workers. However, the Secretary of Homeland Security may grant discretionary waivers Unlock the path to working in the U. Institutions of higher education, affiliated nonprofit entities, and research New rule imposes a $100K fee on H-1B petitions filed after Sept. employers can bypass the H-1B visa cap by proving they qualify for a cap-exempt status. Sample NIE Letter, Guidance on letters, H1B, H4 holders experiences, Family H-1B Specialty Occupations Alert: USCIS has received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year 2027 Dear Secretary Noem, On behalf of the American College of Physicians (ACP), I respectfully request a national interest exemption for medical residents, fellows and physicians affected by the What is National Interest Exception (NIE)? Consistent with the framework used during the 2017–2021 travel bans, the June 2025 Proclamation US President Trump mandates a $100,000 fee on H-1B visas, aiming to attract high-skilled talent while allowing national interest exemptions. Jun. Learn what a US National Interest Exception is and their current status for travel to the United States in 2025. ndbrd gks loysv zz cjy9nj 6rb9o lodx uoh 6lwsb 5jltn1