A bill to exempt public school employees from non-processing related fees for H-1B visas imposed by Presidential Proclamation 10973.
- Bill Number
- S. 4087
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2026-03-12: Read twice and referred to the Committee on the Judiciary.
- Last Updated
- 2026-04-01T16:45:09Z
AI-Generated Summary
Purpose
This legislation, S. 4087, aims to provide an exemption from a specific $100,000 non-processing fee for H-1B visas (temporary work visas for individuals in specialty occupations, such as skilled professionals like teachers or engineers) when the visa is for employees working in public schools. It targets fees imposed by Presidential Proclamation 10973, issued on September 19, 2025, to reduce financial barriers for public education hiring.
Key Provisions
- Exemption from Fee: Petitions for H-1B nonimmigrants (under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act) who will work for a public school or public school district in the U.S. are not required to pay the $100,000 fee outlined in section 1(a) of Proclamation 10973.
- Scope: This exemption applies in addition to existing exceptions in section 1(c) of the Proclamation, which restricts entry for certain nonimmigrant workers but allows limited waivers.
- Implementation: The bill amends the application of the Proclamation without altering its core restrictions, focusing solely on this fee for public school-related H-1B petitions.
Significant Changes to Existing Law
- Modification of Proclamation 10973: The Proclamation, published in the Federal Register (90 Fed. Reg. 46027), introduced a $100,000 fee for certain H-1B petitions to fund immigration enforcement and restrictions on nonimmigrant worker entry. This bill creates a targeted carve-out for public school employees, effectively overriding the fee requirement for this group without repealing the broader policy.
- No Broader Reforms: It does not change H-1B visa eligibility rules, processing times, or other fees; it only addresses this specific non-processing (i.e., not for routine administrative costs) fee tied to the Proclamation.
Potential Impacts
- On Government Agencies: U.S. Citizenship and Immigration Services (USCIS) and the Department of Education may see reduced revenue from the exempted fees, potentially affecting funding for immigration programs. It could streamline processing for public school petitions, easing administrative burdens on federal immigration offices.
- On Citizens and Public Schools: Public schools and districts gain easier access to foreign talent in specialty roles (e.g., STEM teachers or bilingual educators), helping address teacher shortages without added costs. U.S. students and communities in underserved areas could benefit from improved educational staffing.
- On International Relations: Minimal direct impact, but it signals U.S. support for international educators, potentially encouraging skilled workers from abroad to pursue opportunities in American public education without financial deterrents.
Main Stakeholders Affected
- Public Schools and Districts: Primary beneficiaries, as they can hire H-1B workers more affordably.
- Foreign Workers: H-1B visa applicants in education fields, who avoid the $100,000 fee burden.
- Immigration Agencies (e.g., USCIS): Responsible for implementing the exemption, facing potential revenue shortfalls.
- U.S. Taxpayers and Educators: Indirectly affected through potential improvements in public education quality and shifts in immigration fee structures.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: The bill operates within congressional authority to regulate immigration (under Article I, Section 8 of the U.S. Constitution), potentially challenging executive actions like the Proclamation by adding statutory exceptions. It could face legal scrutiny if seen as undermining presidential immigration powers, though it aligns with existing H-1B frameworks in the Immigration and Nationality Act.
- Constitutional Implications: No direct conflicts, as it supports equal access to education (a state interest) without infringing on due process or equal protection rights.
- Political Implications: Introduced by Sen. Lisa Murkowski (R-AK), it reflects bipartisan interest in education staffing amid teacher shortages. It may spark debates on immigration reform, balancing workforce needs against restrictions in Proclamation 10973, and could influence future visa policies favoring public sector exemptions.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Sen. Coons, Christopher A. [D-DE], Sen. Sullivan, Dan [R-AK]
Recent Actions
- 2026-03-12: Read twice and referred to the Committee on the Judiciary.
- 2026-03-12: Introduced in Senate
Bill Versions
- To exempt public school employees from non-processing related fees for H–1B visas imposed by Presidential Proclamation 10973. — issued 2026-03-12 — PDF (2 pages)