CDA obtains clarification on scope, exception process of H-1B visa fee for international dentists

Guidance provides a pathway for internationally trained dentists and public health employers
January 15, 2026
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QUICK SUMMARY: In response to CDA's letter, the U.S. Department of Homeland Security confirmed that an exception to the $100,000 fee for the H-1B visa petition exists in limited circumstances. Employers seeking an exemption must submit a request with supporting documentation as described below. The new guidance provides a pathway for internationally trained dentists and public health employers to continue contributing to California’s dental workforce.

Update, March 24: 2026: A bipartisan bill in Congress would exempt physicians, dentists and other health care professionals who provide direct patient care and support from the $100,000 filing fee for new H-1B visa petitions.

As reported below, CDA in January obtained clarification from DHS on the fee exemption process for dentists who have trained and are living outside the U.S. and apply for an H-1B visa.

CDA has determined that both the $100,000 fee and the federal bill called the Physicians and Healthcare Workforce Act (HR 7961) are less likely to apply to internationally trained dentists, as well as the clinics and dental schools seeking to hire them because these dentists typically complete an international dentist program in the U.S. after immigrating and before practicing. The $100,000 visa petition fee does not apply to dentists who are applying from inside the U.S.

Read more about the H-1B exemption process below in CDA’s article published in January. Learn more about the federal bill from California Medical Association.

Jan. 15, 2026: CDA last November sent a letter to the U.S. Department of Homeland Security regarding Presidential Proclamation 10973, which imposes a $100,000 fee on certain H-1B visa petitions. CDA highlighted the fee’s potential impact on rural and underserved communities, federally qualified health centers, dental schools and internationally trained dentists, who play a critical role in addressing dentist shortages and supporting dental education.

DHS and the administration have since narrowed the scope of the proclamation, clarifying that  the $100,000 fee applies only to new H-1B petitions filed by applicants outside of the United States.

In its response to CDA, DHS confirmed that an exception process exists in limited circumstances. Employers seeking an exemption must submit a request with supporting documentation demonstrating that:

  1. The individual’s presence is in the national interest;
  2. No qualified U.S. worker is available, that the worker poses no threat to national security or welfare; and
  3. Paying the fee would significantly undermine national interests.

Employers should send H-1B exception requests by email to DHS headquarters.

The guidance from DHS provides a pathway for internationally trained dentists and public health employers to continue contributing to California’s dental workforce. CDA will continue to monitor federal implementation and provide additional updates in the newsroom and through CDA’s weekly member newsletter.

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