Who is Exempted From Donald Trump's New H1B Visa Rules? USCIS Explains

In an politically-charged environment fueled by the US federal government shutdown, exemptions are being offered to linked to H-1B visa by waving the newly-imposed $1,00,000 H-1B fees.

The waiver to H-1B visa fee, which can only be granted by the Secretary of Homeland Security, is only when it can established that "alien worker’s presence in the United States as an H-1B worker is in the national interest, that no American worker is available to fill the role, that the alien worker does not pose a threat to the security or welfare of the United States, and that requiring the petitioning employer to make the payment on the alien's behalf would significantly undermine the interests of the United States, " as per the USCIS.

"Petitioning employers who believe their alien worker satisfies this high threshold may seek an exception by sending their request and all supporting evidence to H1BExceptions@hq.dhs.gov," it said.

When Are Companies Required To Make $100,000 payment?

According to the Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers, the freshly imposed H1-B visa fee is applicable "to new H-1B petitions filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa.'

"The Proclamation also applies if a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, requests consular notification, port of entry notification, or pre-flight inspection for an alien in the United States," it said.

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"In addition, if a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, requests a change of status or amendment or extension of stay and USCIS determines that the alien is ineligible for a change of status or an amendment or extension of stay (e.g., is not in a valid nonimmigrant visa status or if the alien departs the United States prior to adjudication of a change of status request), the Proclamation will apply and the payment must be paid according to the instructions provided by USCIS," it noted.

What Employers Filing H-1B Visa Holder Need To Know?

$100,000 fee applies only to new petitions filed post September 21, 2025, for beneficiaries outside the US.

Change-of-status petitions inside the US are generally exempt unless denied.

Present H-1B visa holders are not affected.

Exceptions can be requested via the Secretary of Homeland Security.

Fee payments are required to made through pay.gov.