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.
Read moreHow to Navigate the End of Third-Country Visa Processing for Nonimmigrant Visas
On September 6, 2025, the US Department of State (“DOS”) announced the end of a decades-old practice that allowed nonimmigrant visa applicants to schedule interviews in third countries—places other than their country of nationality or legal residence. The change sweeps broadly, affecting students applying for F-1 and J-1 visas, visitors requiring B-1/B-2 visas, and professionals applying for H-1B, O-1, and other work categories. The announcement comes at the heels of a previous decision announced on July 25th that effective September 2, 2025, all nonimmigrant visa applicants, including applicants under the age of 14 and over the age of 79, will generally require an in-person interview with a consular officer putting an end to the visa drop box or Interview Waiver Program.
Read moreUSCIS Reaches Fiscal Year 2026 H-1B CAP
United States Citizenship and Immigration Services (“USCIS”) announced on July 18, 2025, they had reached the H-1B Cap for fiscal year 2026. The Service reported having received enough petitions to reach the congressionally mandated limits for the H-1B visa regular cap, as well as the advanced degree exemption (master’s cap) for FY2026. The agency conducted a single lottery selection from selections that were submitted in March 2025 and will not be conducting any further selection lotteries for FY2026.
For those not selected, remember there may still be hope.
Visas 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 moreUSCIS Completes Selections from Electronic Registrations for FY2026 H-1B Cap
On March 31, 2025, United States Citizenship and Immigration Services (“USCIS”) announced they had received enough initial electronic registrations for unique individuals for the fiscal year 2026 (“FY26”) H-1B cap, as well as the advanced degree exemption (master’s cap) and have randomly selected enough properly submitted registrations. The Service has completed the notifications to all employers who submitted online registrations. Those with selected registrations may begin filing H-1B cap subject petitions for FY2026 as of April 1, 2025 and the period to file their petition with the service will be at least 90 days. Petitions may be filed either on paper at the correct filing location or online at my.uscis.gov within the filing period that is indicated on the selection notice.
Read moreFY2026 H-1B Lottery Kick Off
Here we are, ready to kick off the fiscal year 2026 (“FY26”) H-1B cap. US Citizenship and Immigration Services (“USCIS”) announced the initial registration period for the FY26 H-1B cap will begin at 12pm Eastern on March 7, 2025, and run through 12pm Eastern on March 24, 2025. During this registration period, prospective petitioners and representatives will be able to submit their H-1B registrations using online accounts and pay the required fee for each registration submitted on behalf of individual beneficiaries. The Service is maintaining its beneficiary-centric selection process launched last year for FY2025.
Read moreThe H-1B Visa Program is Dividing MAGA
Elon Musk and Vivek Ramaswamy, who until a few days ago were co-leaders of President-elect Trump’s newly created Department of Government Efficiency (“DOGE”) recently ruffled feathers amongst Trump’s MAGA supporters when Ramaswamy and Musk tweeted their support for the H1B program. In a surprising turn of events after having moved to limit H-1Bs during his first term, Trump responded by applauding the program, noting “I have many H-1B visas on my properties. I've been a believer in H-1B. I have used it many times. It's a great program.”
Read moreDHS Publishes H-1B Modernization Final Rule to Improve Program Integrity and Efficiency
On December 18, 2024, the Department of Homeland Security (“DHS”) published a Final rule in the Federal Register modernizing and increasing the efficiency of the H-1B program, adding benefits and flexibilities, and improving integrity measures. This rule will become effective January 17, 2025.
The final rule imposes changes to the H-1B program and codifies a number of existing rules. We must point out that the final rule is quite lengthy; therefore, our summary does not cover all of the changes. We have outlined a few of the most notable updates and changes below which we feel may be of most interest to our community.
Read moreUSCIS Reaches Fiscal Year 2025 H-1B CAP
United States Citizenship and Immigration Services (“USCIS”) announced on December 2, 2024, they had reached the H-1B Cap for fiscal year 2025. The Service reported having received enough petitions to reach the congressionally mandated limits for the H-1B visa regular cap, as well as the advanced degree exemption (master’s cap) for FY2025. USCIS will be sending non-selection notices to registrants through their online accounts “over the next few days.”
Employers submitted registrations for 442,000 unique beneficiaries during FY 2025 H-1B cap registration period. USCIS went on to conduct two lottery selections, one in March 2024 and another in August 2024. For those not selected, remember there may still be hope.