Washington, D.C.— U.S. Congresswoman Kimberlyn King-Hinds has announced that the Department of Homeland Security confirmed CNMI employers can formally request exemptions from the new $100,000 H-1B visa application fee imposed by President Donald Trump. The exemptions, while extremely rare, provide a critical lifeline for territories struggling to fill essential healthcare and utility sector positions.
Employers seeking relief must submit requests with supporting documentation to H1BExceptions@hq. dhs.
gov.
The $100,000 fee requirement, enacted through Presidential Proclamation 10973, applies to new H-1B visa petitions filed after September 21, 2025. King-Hinds submitted her October request to DHS Secretary Kristi Noem, highlighting that U.S. territories face unique economic and workforce challenges distinct from mainland America.
The Commonwealth received DHS confirmation this week outlining the exemption pathway.
In the CNMI, H-1B workers provide irreplaceable services across critical sectors. Data from King-Hinds' request letter shows 22% of approved H-1B petitions in fiscal year 2024 went to physicians and specialists at Commonwealth Healthcare Corporation, the territory's only hospital.
Another 15% supported Commonwealth Utilities Corporation staff who maintain the CNMI's power and water infrastructure.
The scope of H-1B reliance in U.S. territories is striking compared to mainland states. All five American territories combined received just 425 H-1B visa approvals in fiscal year 2025—less than 1% of those issued in California alone.
Without skilled international workers, King-Hinds warned, basic community welfare remains at serious risk.
King-Hinds emphasized in her response letter that critical healthcare and utility services cannot simply go unfilled due to cost barriers. The congresswoman committed to tracking how the new policy affects CNMI employers and workers.
Her office pledged to share regular updates as implementation details emerge.
The formal exemption process acknowledges national interest exceptions exist within DHS authority, though approval remains highly selective. Employers must document compelling reasons their positions qualify as national interest cases.
Supporting documentation should demonstrate irreplaceability and critical community need.
CNMI business leaders, healthcare administrators, and utility executives now face decisions about filing strategies. They must evaluate whether to pursue exemption requests, restructure positions, or explore alternative visa classifications.
Timeline and approval probability remain uncertain as DHS processes requests.
King-Hinds' advocacy represents growing pressure from U.S. territories and underserved rural healthcare regions nationwide. The Trump administration is reportedly considering physician exemptions specifically for medically underserved areas.
However, broader sector exemptions depend on continued political advocacy and documentation of genuine national interest.
King-Hinds stated in her Friday newsletter announcement.
CNMI employers should act quickly to gather documentation supporting exemption requests. The formal pathway now exists, though DHS explicitly confirmed exemptions remain extraordinarily rare.
Submission requirements and processing timelines remain unclear as of this announcement. Stakeholders anticipate regulatory guidance emerging in coming weeks.
For businesses planning 2026 H-1B sponsorships, understanding both the fee obligation and exemption process is now essential to budgeting and workforce planning decisions.
Do You Know?
H-1B workers in renewal or extension status within the United States are entirely unaffected by the $100,000 fee. However, any international travel or departure triggering reentry requires the fee payment—meaning even a weekend ski trip to Canada could cost employers $100,000 per worker, according to immigration law guidance sources.
Key Terms
• H-1B Visa: A U.S. work visa allowing employers to temporarily employ foreign workers in specialty occupations requiring at least a bachelor's degree
• Presidential Proclamation 10973: Trump administration executive order imposing the $100,000 fee on new H-1B petitions filed after September 21, 2025
• Consular Processing: The visa application and approval process completed at a U.S. embassy or consulate abroad before entering the United States
• Cap-Exempt Petitions: H-1B positions at universities, nonprofits, and research institutions that can be filed year-round without lottery restrictions
• National Interest Exception: DHS authority to waive fees when hiring a specific foreign worker serves documented U.S. national interests