ASCP Seeks National Interest Exemption from H-1B Visa Fee

• ASCP Seeks Exemption for $100,000 H-1B Fee for Pathologists, Laboratory Professionals 

• Several organizations are seeking exemptions from the fee for healthcare professionals 

On September 23, 2025, ASCP wrote the Trump Administration to exempt pathologists and laboratory professionals from its recently announced $100,000 fee on H-1B visas. The new fee was outlined in a September 19 proclamation restricting the ability of individuals seeking to enter the U.S. in H-1B status without paying this fee. This proclamation took effect on Sunday, September 21, 2025. 

When President Trump’s executive order was first announced there was concern that the new policy would prevent the re-admission of anyone on an existing H-1B visa into the United States who had not paid the fee.  The U.S. Department of Homeland Security has since clarified that the policy is currently only being applied to visas issued on or after the effective date and will not impact extensions. H-1B visas issued prior to the fee increase should be exempt from the fee. Despite the clarification, a number of major U.S. corporations have issued and are still maintaining travel warnings advising their international employees not to travel or to return if they were overseas. Some immigration attorneys are also recommending against traveling internationally due to concern about possible changes in U.S. immigration policy 

Due to the impact that the fee could have on the ability of some clinical laboratories to staff their facilities, ASCP has been working closely with other concerned stakeholders about the fee. ASCP joined a September 25 letter signed by the American Medical Association and 53 other medical specialty societies. In addition to ASCP’s exemption request, other medical and healthcare organizations, such as the American Hospital Association have urged the Trump Administration to exempt all healthcare personnel from the fee (see here). 

Several lawsuits challenging the legality of the new fee are expected, including one that was recently filed in the U.S. District Court in San Francisco. Of the nearly 400,000 H-1B applications submitted during the 2024 fiscal year, approximately 17,000 (4.2 percent) were filed on behalf of medical and healthcare professionals, with half of the applications filed on behalf of physicians.