Rare exemptions are possible under President Donald Trump’s H‑1B visa fee order, Delegate Kimberlyn King-Hinds said, after federal officials confirmed that CNMI employers may formally request relief from the new $100,000 application charge.
The fee was created under Presidential Proclamation 10973, titled “Restriction on Entry of Certain Nonimmigrant Workers.” Trump signed the proclamation on Sept. 19, 2025. It requires that all new H‑1B petitions filed on or after Sept. 21, 2025, include an additional $100,000 payment as a condition of eligibility. Petitions filed without proof of payment — or without a DHS‑approved exception — are denied.
King-Hinds asked the Department of Homeland Security in October to exempt the CNMI, arguing that U.S. territories face persistent workforce shortages and rely heavily on H‑1B professionals to maintain essential services. She told DHS Secretary Kristi Noem that the Commonwealth struggles to meet even basic staffing needs.
In her latest e‑newsletter, King-Hinds said DHS has now responded, outlining its position and the “limited process” available for exemptions. DHS confirmed that exceptions to the $100,000 requirement are “extremely rare,” but a formal pathway does exist. Employers must submit a request and supporting documents to H1BExceptions@hq.dhs.gov.
DHS also provided additional guidance on how Proclamation 10973 is being implemented. King-Hinds said her office will continue monitoring how the fee order affects employers and workers in the Marianas.
In her original request to DHS, King-Hinds noted that all five U.S. territories received only 425 H‑1B approvals in fiscal year 2025 — less than 1% of California’s total — yet those workers fill critical roles. In the CNMI, 22% of FY 2024 approvals were for physicians and specialists at the Commonwealth Healthcare Corporation, the islands’ only hospital. Another 15% were for the Commonwealth Utilities Corporation, which operates the power and water systems.
King-Hinds said losing access to H‑1B workers would jeopardize the basic welfare of the community.
