(TEXAS) A new presidential proclamation imposing a $100,000 fee on each new H-1B visa petition for workers outside the United States 🇺🇸 has triggered urgent appeals from school leaders seeking relief for international teachers. Effective September 21, 2025, the rule applies to H-1B petitions filed or still pending on or after that date unless an exception applies. Education groups warn that the steep H-1B visa fee could price out districts that rely on global talent to fill classrooms in high-need subjects, including math, science, bilingual education, and special education.
Texas school districts, which employ hundreds of teachers on H-1B visas, face some of the highest stakes. Administrators say that even a single hire under the new price tag may exceed annual recruitment budgets. For rural and border districts already struggling to place certified educators, the change could push them to leave classrooms empty or cut programs.
VisaVerge.com reports that districts in several states have paused new H-1B recruiting plans while lawyers assess how The proclamation applies to cases in progress.
What the proclamation aims to do — and schools’ response
The proclamation’s stated goal is to reform the H-1B program and prioritize U.S. workers. Schools argue, however, that market realities in education differ from tech or finance. Districts often spend months searching domestically and come up short before turning to international teachers.
The new $100,000 fee would sit on top of existing costs, including legal fees and current filing charges. For many public schools, that total is unworkable.
Under the order, the Secretary of Homeland Security can waive the fee for certain workers or industries if doing so serves the national interest. As of September 30, 2025, no specific exemptions have been announced for educators. Advocacy groups plan to petition for a targeted waiver for international teachers, citing chronic shortages and the student impact if districts cannot staff critical courses.
Policy changes overview
The proclamation covers employers seeking to bring in professional workers on H-1B visas from abroad. It applies to new petitions and cases that were already pending on or after the effective date. School systems that file H-1B petitions through the standard Form I-129 process would be required to pay the $100,000 fee for each sponsored teacher unless a future waiver applies.
Employers that proceed must still meet all regular H-1B rules, including specialty occupation criteria and wage requirements.
Key procedural points:
– The main petition for H-1B classification is filed on Form I-129 (Petition for a Nonimmigrant Worker). USCIS provides the form and instructions here: Form I-129.
– If the teacher is outside the country, the consular visa step uses the online Form DS-160. The Department of State hosts that application here: Form DS-160.
The Department of Homeland Security and the Department of State share implementation duties, and the proclamation text leaves room for agency guidance. Districts and universities are watching for instructions on:
– eligibility for any waivers or exceptions,
– timing for payment, and
– whether fee refunds are possible if a petition is later withdrawn or denied.
According to analysis by VisaVerge.com, the most pressing near-term question is how pending school filings are treated if they were submitted before September 21 but not yet approved. The proclamation says the $100,000 fee applies to petitions “filed or pending” on or after the effective date unless an exception applies — a phrase that could catch many school-year hires in the middle of processing.
Attorneys advise districts to gather documentation showing recruitment efforts, vacancy data, and classroom impact to strengthen any future waiver request.
Critical near-term issue: petitions “filed or pending” on/after Sept. 21 may trigger the fee — districts should document recruitment and shortage evidence now.
Classroom and student impacts
Education leaders say the classroom effects would be immediate and tangible. Without international teachers, some districts will:
– split classes,
– convert advanced courses to online modules, or
– assign long-term substitutes.
Families may see fewer AP science sections, reduced dual-language offerings, or slower rollout of special education services. In communities where students rely on bilingual staff to access content, losing even a handful of teachers can ripple across grade levels.
Texas superintendents describe difficult choices ahead. One district leader said the $100,000 fee equals the cost of two new buses or several classroom aides. Another noted that a bilingual chemistry teacher can be the difference between students taking a lab course in person or watching videos.
Impact on schools and next steps
Districts, charter networks, and universities are aligning advocacy messages around three themes:
1. Student need — gaps in instruction and services if positions go unfilled.
2. Proven shortages — documented inability to hire domestically for certain subjects.
3. Fiscal limits — public education budgets cannot absorb six-figure fees per hire.
They argue an across-the-board H-1B fee designed for high-margin industries does not fit public education budgets. They also stress that international teachers do not replace U.S. educators; rather, they fill persistent gaps despite job fairs, signing bonuses, and residency programs.
Key stakeholders:
– School districts and charter schools facing teacher shortages and tight budgets
– State education agencies monitoring certification and staffing levels
– Department of Homeland Security (can approve fee waivers in the national interest)
– Department of State (oversees consular processing for visa applicants)
– Advocacy organizations urging targeted relief for international teachers
Practical steps now underway:
– Districts are compiling vacancy records, student enrollment data, and course schedules to demonstrate harm if positions remain unfilled.
– Universities and school systems are coordinating letters to federal officials requesting a categorical waiver for educators in shortage subjects.
– Legal teams are reviewing whether cap-exempt institutions (such as certain universities and nonprofit affiliates) could argue for tailored treatment under the proclamation’s waiver authority.
– Some employers are exploring alternative pathways, including J-1 exchange teacher programs, while weighing tradeoffs such as program limits and time caps.
For official guidance on H-1B rules and employer obligations, USCIS maintains an overview here: USCIS H-1B overview. Stakeholders should monitor that page for updates on processing and any new agency instructions related to the proclamation.
Advocacy positions and potential waiver designs
Advocates frame their request as a straightforward public interest case. A national-interest waiver for international teachers would:
– keep classrooms open,
– support hard-to-staff subjects, and
– protect bilingual instruction.
It would also avoid sudden disruptions for students taught by educators whose cases became “pending” on or after the effective date and now risk falling through. Supporters argue that a narrow waiver for education would not dilute the proclamation’s broader goals for the labor market.
Employers are asking whether relief could be:
– time-limited (e.g., for a single school year), or
– tethered to specific shortage lists (e.g., state-verified shortage categories), with renewal tied to documented need.
While federal officials have not signaled a timeline, district hiring calendars are tight and fall staffing gaps are already visible.
What districts are doing now — and what to expect
Until Washington acts, school HR teams are exercising caution:
– Many have paused new international teacher filings and are extending substitute placements.
– Others are preparing to proceed only in the most urgent cases, budgeting for the possibility of paying the $100,000 fee while continuing to seek waiver guidance.
Anticipated effects for families and students:
– fewer course options,
– larger class sizes, and
– less language access for English learners.
The education community’s ask is simple: clarity, speed, and a path that keeps teachers in front of students. Whether through a broad national-interest waiver or targeted relief, districts say they need a solution that preserves global recruitment while they keep investing in local pipelines.
The next move rests with Homeland Security, and schools hope it comes before more classrooms go without certified teachers.
This Article in a Nutshell
A presidential proclamation imposes a $100,000 fee on each new H-1B petition filed or pending on or after September 21, 2025, raising alarm among school districts that rely on international teachers. Texas districts — which employ hundreds of H-1B teachers — say the fee could surpass recruitment budgets, force pauses in hiring, and leave classrooms unfilled in high-need subjects such as math, science, bilingual and special education. The order allows DHS to grant national-interest waivers, but none specific to educators had been announced by September 30, 2025. Districts are compiling vacancy and recruitment documentation to seek targeted relief while legal teams analyze how pending petitions will be treated. Schools are exploring alternatives like J-1 programs and pressing federal agencies for clarity on eligibility, timing, refunds, and waiver criteria to avoid disruptions to students.
