Senator Murkowski Seeks H-1B Visa Fee Waiver for Teachers Amid Proclamation 10973

(UNITED STATES) — Public school districts sponsoring H-1B teachers must first budget for, and correctly pay, all required government fees while meeting Labor Condition Application (LCA) wage and working-condition rules.

For FY 2027 planning, that obligation now includes a high-stakes wildcard. Presidential Proclamation 10973 created a $100,000 additional payment for certain “new” H-1B petitions. Senator Murkowski has proposed a targeted fix for K-12 districts. District leaders still must run a compliant H-1B process, even if a waiver bill advances.

⚠️ Employer Alert: The LCA and wage obligations apply even when a worker is abroad. Budgeting errors can become compliance violations after hire.

1) Overview of the proposed legislation (S. 4087)

On March 12, 2026, Sen. Lisa Murkowski (R-AK) introduced S. 4087. The bill would exempt K-12 public school districts from the proclamation-related $100,000 H-1B payment. It targets a cost that many districts say blocks international teacher hiring.

S. 4087 does not change the core H-1B framework. Districts would still need a qualifying specialty occupation, an approved LCA, and a properly documented Form I-129 petition. Standard filing fees and normal cap rules would still apply. Any waiver would only address the proclamation-driven added payment.

Districts should treat S. 4087 as a proposal until enacted. Passage, an effective date, and agency implementation would determine when relief applies. Districts hiring for October 1, 2026 starts cannot assume relief will arrive in time.

2) Background: Presidential Proclamation 10973 and the additional H-1B fee

Presidential Proclamation 10973, titled “Restriction on Entry of Certain Nonimmigrant Workers,” was signed September 19, 2025. USCIS later issued operational guidance.

USCIS guidance dated October 20, 2025 stated that new H-1B petitions filed on or after 12:01 a.m. EDT on September 21, 2025 must include an additional $100,000 payment as a condition of eligibility. USCIS also said petitions subject to the payment that lack proof of payment, or an approved exception, will be denied.

In practice, the trigger is typically a “new” H-1B filing. That often means a case that results in consular processing, because the beneficiary is outside the United States. It can also include cases requesting consular notification. Extensions and amendments for workers already in H-1B status are generally not the target. Case facts still matter.

DHS also described a possible National Interest Exception (NIE). An NIE is a discretionary waiver concept. It is intended for rare cases where entry serves a national interest. Education leaders report NIEs are difficult to obtain. Districts should not rely on an NIE as a primary hiring plan.

This matters for districts because teacher recruiting cycles are fixed. Contracts, onboarding, and credentialing need lead time. A surprise six-figure payment can blow up a hiring plan late in spring.

📅 Key Date: The added payment rule applies to “new” H-1B petitions filed on or after September 21, 2025, per USCIS guidance dated October 20, 2025.

3) Key facts and policy details of S. 4087 for districts

S. 4087’s mechanism is direct. It would exempt K-12 public school districts from the proclamation-related added payment. The bill does not remove baseline H-1B visa fees or standard compliance steps. It only targets the proclamation-driven amount.

Which filings are most likely covered in real life

For most districts, the proclamation payment risk arises in new H-1B cases for educators abroad. These cases often require consular processing. That is common in teacher recruitment. The payment is generally not aimed at routine extensions. It is also generally not aimed at amendments for already employed teachers.

Districts should still verify each case type. A change of employer, a change of status, or time spent abroad can shift the analysis. Counsel should confirm whether the filing is treated as “new” under the guidance.

Budget implications if the waiver becomes law

The added payment is separate from standard filing costs and legal fees. Baseline district costs usually include the registration, I-129 filing, ACWIA, and fraud fee. Many districts also have attorney fees and recruitment costs. Even without the added payment, budgets can be tight. With it, hiring can become impossible mid-cycle.

The tool on this page summarizes the exact dollar amounts and the total cost range districts are seeing. The key operational point is that the proclamation payment is additive. It is not a substitution for standard H-1B charges.

Implementation uncertainties districts should watch

If S. 4087 moves, districts should read three items closely.

• Effective date language. Relief could be prospective only.
• The definition of “public school district.” That affects charters and hybrids.
• The proof required at filing. Districts may need governance documents or state verification.

Districts should also watch for USCIS form and filing updates. A waiver mechanism may require a new attestation. It may also require specific evidence.

4) Significance and impact on Alaska and other states

Alaska illustrates the staffing stakes that Senator Murkowski highlighted. International teachers reportedly comprise about 8.5% of Alaska’s teaching workforce. That equals 573 educators, with 341 on H-1B visas. Some rural districts reportedly rely on international teachers for 50% to 80% of staff.

That level of reliance makes the proclamation payment an operational threat. A district that needs ten new teachers could face a seven-figure added payment exposure. That is before salary, relocation, and onboarding.

Dr. Cyndy Mika, Superintendent of the Kodiak Island Borough School District, described the reality bluntly. She said nearly 20% of Kodiak’s teachers are on visas. She said these educators are not replacing U.S. teachers. She said the district does not have applicants for those positions.

Rural and high-need districts in other states face similar math. They often have small applicant pools and hard-to-fill subjects. Special education, math, and sciences are common pressure points. When recruitment depends on overseas pipelines, the proclamation payment becomes a direct staffing limiter.

Step-by-step: How a K-12 district sponsors an H-1B teacher for FY 2027

The process below assumes a cap-subject case for an October 1, 2026 start. Cap-exempt filings can occur year-round.

Step 1: Confirm the role qualifies as a specialty occupation

Most K-12 classroom teacher roles can qualify. The job must require at least a bachelor’s degree in a specific field. The duties must align with that field.

USCIS has increased scrutiny on vague duties. Districts should use a detailed job description. It should match the educator’s degree.

Step 2: Set wage and worksite details early

The district must pay the higher of the prevailing wage or actual wage. Prevailing wage depends on SOC code and geography. Wage levels run from Level I (entry) through Level IV (expert).

Level I wages can face more questioning. Districts should explain supervision and training plans. They should also document why the role remains a specialty occupation.

Step 3: File and post the Labor Condition Application (LCA)

The LCA is filed with DOL. The district attests to wage and working conditions.

LCA compliance has three core pillars.

• Prevailing wage: Pay at least the required wage for the area and SOC code.
• Working conditions: H-1B hiring cannot harm similarly employed workers.
• Notice: The district must provide notice at the worksite. That is usually posting for the required period.

Districts must also maintain a Public Access File. That file must be available upon request. It should include the LCA and wage documentation.

Step 4: Register for the cap and prepare the petition

For cap-subject cases, the employer registers during the March window. If selected, the district files the petition during the filing window.

Step 5: File Form I-129 with supporting evidence

The petition package should include job, wage, and credentials evidence. For consular cases, the approval supports visa stamping and entry. Districts should plan for school-year timing.

Step 6: After approval, handle onboarding and compliance

Districts must pay the required wage once employment begins. They must also track worksite changes. Material changes may require an amended petition.

⏰ Deadline: Cap-subject filing generally must occur within the USCIS selection filing window, often ending June 30.

Required documentation checklist (district and teacher)

From the employer (district):

• Detailed job description and minimum requirements
• Worksite addresses and teaching assignment details
• Salary offer and pay schedule evidence
• Prevailing wage support and SOC code rationale
• LCA posting evidence and Public Access File materials
• Employer support letter describing duties and supervision
• Evidence of district status as a K-12 public school district, if a waiver becomes available

From the employee (teacher):

• Passport biographic page
• Degree diplomas and transcripts
• Credential evaluations, if degree is foreign
• Teaching license or eligibility evidence, if required by the state
• Resume, experience letters, and prior immigration documents
• Prior I-94s, approval notices, and visa stamps, if any

H-1B visa fees and the proclamation payment: what districts should budget

USCIS and DOL fees are employer obligations in most cases. The district should avoid shifting required employer fees to the worker. That can create wage and compliance issues.

The proclamation-related payment is separate from the table above. Under current guidance, it can add $100,000 to certain new cases. S. 4087 is aimed at removing that payment for K-12 public school districts.

Common compliance violations and penalties districts should avoid

The most frequent school-employer issues are preventable.

• Paying below the required wage, or using unpaid bench time
• Worksite changes without updated LCA coverage
• Missing or incomplete Public Access Files
• Job duty drift that changes the specialty occupation analysis
• Improper fee shifting to the worker
• Late withdrawals after early termination, which can trigger return transportation duties

Penalties can include back wages and civil money penalties. In serious cases, DOL can seek debarment from the program.

Premium processing and realistic timelines

Premium processing is available for $2,805. It can shorten the I-129 decision timeline. It does not bypass the cap or the LCA process. It also does not guarantee visa appointment availability abroad.

For districts hiring abroad, the timeline also includes consular scheduling and school calendar constraints. Start planning in January for October starts.

Practical next steps for FY 2027 hiring (districts and teachers)

For employers (districts):

• Start prevailing wage and job description work in January 2026.
• Prepare LCA details and posting plans before March 2026 registration.
• Build two budgets now, with and without the proclamation payment.
• Track S. 4087 on Congress.gov for effective date and eligibility language.
• Document recruitment needs in shortage areas for any NIE discussion.

For employees (teachers):

• Confirm your degree field matches the teaching assignment and job duties.
• Gather transcripts, license proof, and credential evaluations by February 2026.
• Ask the district which worksite will be listed on the LCA and petition.
• Plan for consular processing time if you will be abroad in summer 2026.

Key upcoming dates: Plan for March 2026 registration, April–June 2026 filing, and October 1, 2026 employment start. Monitor USCIS cap season updates at us­cis.gov.

📋 Official Resources: – H-1B Program: uscis.gov/h-1b-specialty-occupations – Cap Season: uscis.gov/h-1b-cap-season – Prevailing Wages: flcdatacenter.com