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.

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Temporary Increase of Automatic Extension Period for Certain Renewal Applicants’ Employment Authorization

United States Citizenship and Immigration Services (“USCIS”) adopted a Temporary Final Rule (“TFR”) on May 4, 2022, to increase the automatic extension period for employment authorization and Employment Authorization Documents (“EADs”) available to certain EAD renewal applicants. Previously, work authorization granted to foreign nationals who had filed a timely Form I-765 application to renew certain categories of EADs was automatically extended for 180 days. The new rule will effectively increase this period to up to 540 days from the expiration date stated on the EAD. During the eighteen month period after publication of the TFR, eligible applicants with a timely-filed, pending Form I-765 renewal application will receive up to 360 days of additional automatic extension time (for a total of up to 540 days).

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USCIS: Israeli Nationals Now Eligible for E-2 Treaty Investor Visas

US Citizenship & Immigration Services (USCIS)  announced that effective May 1, 2019, eligible Israeli nationals already in the US in a lawful nonimmigrant status (along with spouses and unmarried children under twenty-one-years of age) can file to request a change of status to E-2 status.

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