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 moreVisas for Influencers: Building Their Brand in the US
"A US brand offered me a six-month contract, but my tourist visa doesn’t let me work. What are my options?"
This is one of the most common questions we hear from content creators and digital branding experts who are expanding their work internationally. Whether foreign nationals are landing major brand deals, launching their own label, or simply trying to grow their audience in the US, immigration rules can feel like a confusing roadblock. The reality is that there is no visa category labeled “influencer” but that doesn’t mean US immigration law doesn’t have options for foreign nationals. In fact, there are several. Some visas are designed for short visits or business meetings, others for entrepreneurs who want to open a company, and still others for those who have built a career that meets the legal definition of “extraordinary.” Choosing the right visa is a critical first step if foreign nationals are serious about working, growing, and collaborating in the US legally.
Read moreVisa Options for Entrepreneurs
Sometimes US immigration law doesn’t provide clear visa options for people looking to work in America. These individuals are daunted by the process, and as attorneys we often feel like we are trying to fit a round peg into a square hole. But at other times, thankfully, there is more than one option for a client and so it’s our job to talk them through the choices to see which is the overall best fit. This can happen, in particular, with some entrepreneurs who are interested in opening up their own business in the US.
Read moreAn Introduction to E-2 Treaty Investors
Megana, a rising second year law student at Fordham University School of Law, is one of our summer associates. A merit scholarship recipient, she will serve on the Intellectual Property Law Journal this coming year.
While not as well known as an H-1B or O-1, the E-2 Treaty Investor is at times a good option for certain individuals seeking to do business within the United States. The following Q&A will shed some light on the various conditions that must be met in order to qualify as well as general information for this type of visa.
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