The Highlights
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Global talent has and still fuels innovation in major American productivity centers like Silicon Valley. However, the breakneck pace of H-1B rule changes has thrown a wrench in the works for new applicants. What’s the current state of the H-1B program, and what do you need to know about if you’re planning on flying over?
Find out everything you need to know with this quick Luo & Associates guide.
Key H-1B Visa Changes in 2025
The H-1B Final Rule
The DHS implemented the H-1B final rule early this year, effective January 17, 2025. This move was designed to streamline the application process and boost flexibility for employers and workers. Key changes included:
- Selection Refinements: Building on the lottery system, the H-1B final rule aimed to curb multiple registrations by the same beneficiary by selecting beneficiaries rather than registrations. In the long run, this should reduce visa fraud and promote a fairer process.
- Streamlined Approvals: Employers should now benefit from significantly faster processing on extensions, amendments, and even H-1B visa to green card transitions. As a worker, this means fewer disruptions and smoother portability to new jobs.
Form I-129 Updates
These updates were rolled out around the same time as the H-1B visa changes mentioned previously, designed to align with the new H-1B final rule. This form is primarily used by petitioners (employers) on behalf of nonimmigrant workers temporarily in the United States (including under an H-1B visa).
This update affects the H-1B rule changes indirectly, as it mandates enhanced documentation to verify an employer’s legitimacy. As you might imagine, the goal with this update is to eliminate or at least reduce the role of shell companies in sponsoring visas.
Presidential Proclamation: The $100,000 H-1B Fee
The proclamation signed into action in late September caused quite a bit of confusion, in addition to all the new H-1B visa changes this year. Thankfully, the administration has since provided a ton of clarification.
Who Pays?
This fee applies specifically to new petitions filed after September 21, 2025, for applicants outside the US who do not hold an H-1B visa. If you already hold an H-1B visa or are petitioning for a change of status, this proclamation does not apply to you.
The fee is to be paid by the petitioner (employer) on behalf of the applicant on pay.gov.
Are There Exceptions To The $100,000 Fee?
Yes, but they’re rare. Based on the latest H-1B visa changes, the DHS may grant an exception to the $100,000 payment if the Secretary of Homeland Security determines:
- The applicant is of special national interest
- No American worker is available to fill the role
- The worker does not pose a threat to the security or welfare of the United States
- Requiring the employer to make the payment would undermine national interest
Who Benefits From The H-1B Rule Changes?
Entrepreneurs
The H-1B final rule now allows, for the first time, self-employed applicants to obtain an H-1B visa. This is massively beneficial for entrepreneurs and ostensibly designed to promote more start-ups in the country, modernizing the H-1B program and removing hurdles imposed by the lottery system.
More specifically, the H-1B visa changes shift the focus from scrutinizing the ‘employer-employee relationship’ by expanding the legal definition of an employer to include beneficiary-owned companies.
Large Employers with Robust In-Country Immigration Pipelines
Large and mid-sized firms with robust internal mobility will benefit from the enhanced portability introduced by the H-1B final rule. Tech companies and consultancies, for example, that can take the $100k hit and have established talent funnels, can seamlessly move workers to an H-1B faster than before.
High-Skilled International Workers in the US
If you’re already in the US as an L-1 transferee or an international student on an OPT extension, you should be able to transfer to an H-1B without having to pay the fee and, ideally, through a smoother process.
As a consequence, these H-1B visa changes should be a boon for skilled professionals in sectors like biotech, AI, and software, preserving their career progression while curbing fraud.
Streamline Your Visa Application
Keeping up with the relentless H-1B rule changes is a never-ending task for the best of us. If you’re looking to obtain an H-1B visa, why not do it with a firm that has a 99% success rate? Get a free consultation from Luo & Associates and start your H-1B journey with our expert team.
Frequently Asked Questions
Will the 2025 H-1B visa changes impact 2026 applications?
Yes. The H-1B reforms have already resulted in a 26.9% reduction in eligible registrations for the coming year. Fewer petitions could also lead to faster processing times in the future.
Will the $100,000 fee be a permanent fixture for H-1B visas?
No. Since the fee was signed into action by a Presidential Proclamation, it will expire when the proclamation does. However, it might be reintroduced or tweaked through further executive action or even legislation.
How can I tell if I’m exempt from the $100,000 fee?
The easiest way to be sure is to speak to an expert! Send us your questions, and we’ll set up a free consultation to determine the way ahead with the H-1B visa changes.