AAU sent a letter to Secretary of Homeland Security Kristi Noem requesting a blanket national interest waiver of the $100,000 H1-B visa fee to the employees sponsored by U.S. institutions of higher education, and asking they reconsider the proclamation entirely.
Dear Secretary Noem,
As president of the Association of American Universities, a membership organization of the nation’s leading research universities, I write today in response to the September 19th Presidential Proclamation entitled, “Restriction of Certain Nonimmigrant Workers” and the subsequently issued agency guidance.[1] Our member institutions file H-1B petitions on behalf of faculty and research staff whose work is critical to the education of American students and the American research enterprise. While we hope that the administration will reconsider implementing this proclamation, at a minimum, we urge you to signal that the researchers, postdocs, scholars, academics, and medical professionals working at institutions of higher education, whose work is vital to American ingenuity, enterprise, and healthcare, are undoubtedly in the nation’s interest. We would also like to request clarification on how you intend to operationalize several portions of the proclamation.
- When does DHS anticipate the new $100,000 fee requirement to be implemented at the agency level, including issuance of guidance for agency staff at DHS and DOS, and announcement of a mechanism to collect and provide the fee?
- As the proclamation is currently in effect, how is USCIS adjudicating new H-1B petitions filed after September 21, 2025, given that there is not currently a mechanism to provide or collect the new fee?
- Will guidance be issued to employer stakeholders on the supporting evidence required to document payment of the fee?
- The proclamation includes language indicating that exceptions and/or exemptions to the fee requirement may be available for individuals, employers, or entire industries. What is the process by which a request for an exception or exemption can be made, and how will those requests be handled?
Furthermore, as you work to effectuate this proclamation and related processes for requests, I respectfully request that you consider granting a blanket national interest waiver to the employees sponsored by U.S. institutions of higher education. As the nation’s leading research universities, AAU members educate and train the next generation of world-class experts and innovators in high-demand fields. The $100,000 fee per petition would have a deleterious impact on our nation’s competitiveness, particularly our comparative advantage in attracting, developing, and retaining top talent from around the world.
We agree with President Trump that it is in the United States’ interest to welcome the worldwide leaders in their disciplines who ensure that cutting-edge breakthroughs are made in America. However, making H-1B visas so cost-prohibitive that the world’s smartest, most hard-working individuals are deterred from studying or working in America will ultimately harm the U.S. economy and serve only to advance the interests of our global competitors.
To maintain our nation’s competitive advantage at the forefront of global innovation, it is imperative that our nation’s immigration system, including the H-1B visa program, facilitates the entry of these bright and talented minds, educated by U.S. universities, into our nation’s workforce. Exacting levies against those eager to contribute to American innovation and technological dominance would be counterproductive and ultimately hurts Americans. Thank you for your consideration of our views. We look forward to continued engagement in support of American security and prosperity.
Sincerely,
Barbara R. Snyder
President, AAU
Cc: The Honorable Marco Rubio, Secretary of State
The Honorable Joseph B. Edlow, Director of U.S. Citizenship and Immigration Services
The Honorable Rodney S. Scott, Commissioner, Customs and Border Patrol
[1]Restriction on Entry of Certain Nonimmigrant Workers, The White House, September 19, 2025 https://www.whitehouse.gov/presidential-actions/2025/09/restriction-on-entry-of-certain-nonimmigrant-workers/ See also guidance issued by U.S. Citizenship and Immigration Services https://www.uscis.gov/sites/default/files/document/memos/H1B_Proc_Memo_FINAL.pdf; Customs and Border Protection https://www.cbp.gov/document/foia-record/restriction-entry-certain-non-immigrant-workers-h-1b-memo; and the Department of State https://www.state.gov/h-1b-faq.