When the H-1B Is Out of Reach: Hiring Skilled Workers Without the $100,000 Fee

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 more

USCIS Expands Premium Processing Service to E-3 Petitioners Effective February 24, 2021

This week US Citizenship & Immigration Services (USCIS) expanded the fifteen-day premium processing service to E-3 petitioners. Effective February 24, 2021, petitioners filing Form I-129, Petition for a Nonimmigrant Worker, who are requesting a change or extension of status to E-3 classification, will have the option to request premium processing service for their petition. The E-3 visa category is reserved for Australian nationals seeking to work in the US in a professional job.

Read more

Don’t Try This at Home: 5 Reasons Why Foreign Nationals Shouldn’t File E-3 Visa Applications On Their Own

The E-3 is a nonimmigrant visa that allows Australian citizens to temporarily come to the US to work for a US employer in a professional capacity. To qualify for this visa, Australian foreign nationals must have a legitimate offer of employment in the US with a salary that complies with Department of Labor requirements, fill a position that qualifies as a specialty occupation (i.e., a professional job that requires a bachelor’s degree or higher in a specific field of study), and hold at least a bachelor’s degree (or the equivalent work experience) in a field related to the position.

Read more