Small businesses that rely on specialized talent have long turned to the H-1B visa as the primary route to hire foreign professionals. The new requirement that employers pay a $100,000 fee for many H-1B cases filed after September 21, 2025 has changed that calculation. For large corporations, this new cost may be absorbable but for startups, boutique firms, local clinics, research labs, engineering shops, technology innovators, and other small employers, the fee can make the H-1B category functionally unavailable. Many employers who would ordinarily pursue H-1B sponsorship are now searching for realistic alternatives. This shift does not eliminate the possibility of hiring foreign talent. It does require creative, early planning to determine whether another visa classification aligns with the company’s needs and the candidate’s background. The goal is to match the role, the qualifications, and the business structure to a category that supports employment without triggering the $100,000 H-1B entry fee.
Read moreUSCIS Issues New Guidance on $100K H-1B Fee
Following President Trump’s September 19, 2025 proclamation “Restriction on Entry of Certain Nonimmigrant Workers” requiring employers to pay a $100,000 fee for certain H 1B workers seeking to enter the United States, United States Citizenship and Immigration Services (“USCIS”) released additional guidance on October 20, 2025. This update, published on USCIS’s H-1B webpage , clarifies how and when the new fee applies but still leaves several key issues unresolved.
Read moreHelpful Q and A’s on the New H-1B Visa Rule
Uncertainty continues to surround the new presidential proclamation on H-1B visas, as critical operational details remain unresolved. Employers, attorneys, and H-1B beneficiaries alike should proceed with caution and be prepared for additional guidance and possible changes in the days ahead. We have published a more detailed overview of the proclamation, but in response to the immediate concerns raised by our community, we have prepared answers to some of the most pressing questions. These responses are based on the latest guidance from United Citizenship and Immigration Services (“USCIS”) and other official sources.
Read moreNavigating the New H-1B Executive Action: Advisory for H-1B Visa Holders
On Friday, September 19, 2025, President Trump issued a proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” putting into effect a ban on H-1B specialty occupation employees from entering the United States as of September 21, 2025, unless their employer had paid a $100,000 fee for the sponsored employee. The announcement was unclear and seemed to imply that the newly imposed fee was applicable to all H-1B visa holders who were outside of the US on the 21st of September. As a result, a frenzy besieged the employment-based immigration community with many H-1B workers receiving “urgent e-mails…with travel advisories to remain in the US and asking those outside the country to return before the 12:01AM deadline on Sunday, September 21st.
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