Summary#
This bill would add an exception so public school employees are not required to pay a $100,000 non-processing fee that was imposed by Presidential Proclamation 10973. The fee in the proclamation applies to certain H-1B nonimmigrant workers; the bill says petitions for people who will work for a public school or public school district do not need that fee. The bill’s broad goal is to remove that fee barrier for public school employers hiring H-1B teachers or other specialty-occupation school staff.
- Main change: Removes the $100,000 non-processing fee for H-1B petitions for people who will work for a public school or public school district.
- Scope: Applies in addition to other exceptions already listed in Presidential Proclamation 10973.
- Target group: H-1B nonimmigrants entering to perform a specialty occupation for a public school or school district.
- Source referenced: The proclamation named is Presidential Proclamation 10973 (issued Sept. 19, 2025).
What it means for you#
- Public school employers (districts and schools): If you hire an H-1B worker for a specialty occupation (for example, a teacher who needs H-1B status), you would not have to pay the $100,000 fee required by the proclamation when filing the petition.
- H-1B applicants who will work in public schools: Your employer would not need to include the $100,000 non-processing fee with your petition. The bill does not change other H-1B rules (like eligibility or application steps).
- Private schools and private employers: This bill does not exempt private schools or other private employers; they would still be subject to the proclamation’s fee unless another exception applies.
- Immigration officials and employers handling filings: They would apply the proclamation’s fee rules but treat public school petitions as exempt from that particular fee.
- General public/taxpayers: The bill changes fee collection for a specific group; other public services and immigration rules are not directly altered by the bill text.
Expenses#
No publicly available information.
- The proclamation’s non-processing fee amount is stated in the bill as $100,000 per affected petition. The bill would prevent collection of that fee for exempted public school petitions.
- The bill does not include a fiscal note or estimate of how many petitions would be exempted or how much fee revenue would be lost.
- It is not specified whether removing the fee would change how immigration agencies budget or whether any administrative costs would rise or fall.
Proponents' View#
- The bill appears intended to remove a large fee barrier for public schools hiring H-1B workers. Supporters may argue that:
- Public schools should be able to hire qualified foreign teachers and staff without the extra $100,000 fee.
- The exemption could help public schools fill staffing gaps, especially in subjects or areas with teacher shortages.
- Exempting public schools aligns the proclamation’s policy with public education needs.
Opponents' View#
- One concern is that exempting public schools from the fee could undermine the proclamation’s aim (as set by that proclamation) to restrict or discourage some foreign-worker entries by using a large fee.
- The bill does not explain how many petitions will be exempted, so it is unclear how much fee revenue would be lost or how that loss would affect federal budgeting.
- The bill creates a difference in treatment between public and private employers; questions may arise about fairness or about where to draw the line (for example, charter schools, private schools with public contracts, or other hybrid institutions).
- The bill does not state how the exemption applies to petitions already filed or to petitions in process, leaving implementation timing unclear.