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Starting September 21, 2025, many foreign workers applying for H-1B visas in the United States will face a major change. New H-1B petitions filed from outside the United States will now be subject to a one-time additional fee of $100,000. This fee is not only substantial but also non-refundable if the application is rejected. However, there is some relief: exemptions are available under certain circumstances. Let's explore who can qualify for these exemptions and how to apply.

Why is this $100,000 fee imposed?
The US government believes that some companies are abusing H-1B visas, particularly those applying for these visas for people based abroad, not in the United States, to hire them at lower wages. This additional fee is intended to prevent such abuse and protect the interests of American workers.

Who will be required to pay this fee?

This fee applies to H-1B petitions filed from outside the United States and where the individual is not in the United States at the time. This means that if an Indian professional applies for an H-1B while living in India, their employer will have to pay this $100,000 fee.

Who can be exempt from this fee?
If the applicant is already in the United States on a valid visa, such as an F-1 (student visa) or is already working on an H-1B visa, and is simply changing employers or obtaining a visa extension, they will not be required to pay this fee.

How to seek a waiver for a foreign employee?
If an employer is filing an H-1B petition for someone based outside the United States, they can apply for a waiver, but they must prove that the individual's presence is in the national interest of the United States and that no qualified U.S. citizen is available for the position.

What documents are required for a waiver?

Employers must submit certain documents with their petition, such as a formal letter explaining the individual's role's importance to the United States and providing evidence that no American is available for the same position. Additional documents, such as recruitment records, proof of public health or scientific research, and proof of the employee's qualifications and experience, must also be submitted.

Where and how to apply for a waiver?
A waiver request can be made through the USCIS online portal when filing the petition. If the case is unique and urgent, the employer can email their application and all documents requesting a special exception to H1BExceptions@hq.dhs.gov. Note that these exceptions are granted in very rare cases. For example, if the employee's role contributes significantly to national security, healthcare, or education.

How easy is it to obtain a waiver?
Getting a waiver is not easy. USCIS examines each application on a case-by-case basis. If they feel that this application is really in the interest of America and there is no other option, then only an exemption will be given.

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