Trump's H-1B rule allows waivers for these jobs in critical sectors - Check details

US President Donald Trump has announced a new restriction on the H-1B visa program, requiring employers to pay a $100,000 fee for each foreign worker seeking entry. The rule, which came into effect from September 21, 2025, will remain in place for 12 months unless extended.

According to the proclamation: "The entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation…is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000."

The Department of Homeland Security (DHS) and the Department of State are instructed to deny entry to any H-1B applicant if the fee is not paid.

Exemptions Under the Rule

The order allows certain exemptions under Section 1(c), stating that restrictions do not apply if the Secretary of Homeland Security determines that hiring the alien is in the national interest and poses no threat to US security or welfare. This gives DHS discretion to waive the fee for essential roles or sectors.

Jobs Likely to Qualify as "National Interest"

While the proclamation does not list specific occupations, it suggests exemptions for positions critical to US security, infrastructure, and innovation. Examples include:

• Healthcare and medical research: Roles addressing public health emergencies.
• Defence and cybersecurity: Positions tied to national security and data protection.
• STEM research and innovation: Specialised scientists and engineers in fields where US capability is limited.
• Critical infrastructure support: Jobs in energy, aerospace, and other industries essential to the economy and security.

Additionally, the proclamation directs the Department of Labor to update wage levels and instructs DHS to prioritise high-skilled, high-paid workers. Federal agencies will conduct a joint review after one year to decide whether the rule should be extended.