Sep
22

By

New $100,000 H-1B Fee Announced

Category: H-1B, H-1B alternatives, H-1B attorney, H-1B attorney in Phoenix, H-1B visa Tags: ,

On September 19, 2025, President Trump issued a proclamation requiring employers to pay a $100,000 supplemental fee with new H-1B petitions. USCIS has issued guidance on how this will be implemented.

Here is what employers need to know about when and how the new fee applies.

When Does the $100,000 Fee Apply?

  • Effective Date: The proclamation is effective 12:01 a.m. EDT September 21, 2025.

  • Duration: It is set to expire in 12 months after that effective date, unless it is extended.

Which Petitions Are Covered?

The Proclamation requires a $100,000 payment to accompany any new H-1B visa petitions

This Proclamation does not apply to any previously issued H-1B visas, or any petitions submitted prior to the effective date.

The Proclamation does not change any payments or fees required to be submitted in connection with any H-1B renewals. The fee is a one-time fee on submission of a new H-1B petition.

Cap-Exempt Employers: Universities, research institutions, and nonprofit affiliates are not expressly exempt under the proclamation and should prepare for the fee unless further guidance is issued.

Practical Implications for Employers

  1. Budgeting: Employers must account for the additional $100,000 in any new H-1B hiring.

  2. Uncertainty: The fee will face legal challenges, and courts may block or delay its enforcement. For now, USCIS has announced implementing it as written.

  3. Strategic Planning: Employers may need to reconsider workforce strategies, including cap-exempt H-1B sponsorships, alternative visas (L-1, O-1, E-2), or remote global staffing.

Bottom Line

The proclamation’s $100,000 H-1B fee applies to new petitions filed on or after September 21, 2025, including cap filings and change-of-employer cases. Extensions with the same employer are not subject to the fee. Employers must prepare for significant additional costs and uncertainty while legal challenges play out.  Our office will continue monitoring developments closely and advising clients on the best strategies during this rapidly changing environment.

Feb
8

By

Time to prepare for H-1B filing season

Category: Best H-1B attorney in Scottsdale, Best immigration attorney, Best immigration attorney in Scottsdale, H-1B, H-1B attorney, H-1B attorney in Phoenix, H-1B cap, H-1B filing deadline, H-1B registration, H-1B status, H-1B visa Tags: , , , ,

As an immigration lawyer, I’m here to simplify the upcoming changes in the H-1B visa filing process for the Fiscal Year 2025, making it easier for you to understand and prepare. The U.S. Citizenship and Immigration Services (USCIS) is introducing a new, beneficiary (employee) centric H-1B registration system.  In the past USCIS conducted the selection process by the registrations filed by employers.  Multiple employers were filing registration for the same employee.  Under the new H-1B registration system,  USCIS will conduct the selection process by unique beneficiaries (employees). This system should significantly reduce or eliminate the advantage of submitting multiple registrations for the same employee solely to increase the chances of selection and should give all beneficiaries an equal chance at selection.

Another change is an introduction of organizational accounts. This new USCIS platform allows online collaboration for employers and their legal representatives and submitting the H-1B registrations.  It was designed to streamline the H-1B filing process. It is important to start planning who will take the new roles of administrators, creation of different groups and associated legal representatives.  Initial H-1B registration period is scheduled from March 6, 2024, at 12 noon (ET) to March 22, 2024, at 12 noon (ET). Make sure to mark these dates on your calendar.

For the first time, the selected employers will be able to file the Petitions for Alien Workers (form I-129) with supporting documents online.  Starting April 1, 2024, all H-1B petitions will be subject to new fees. For employers with 26 or more full-time employees, the Form I-129 filing fee will be $780. Small employers (with 25 or fewer full-time employees) and nonprofit entities will be charged $460. Additionally, an asylum program fee is introduced to cover the costs of asylum adjudications: $600 for larger employers (26 or more employees), $300 for smaller employers and no fee for nonprofit organizations.  Starting February 26, 2024, the premium processing fee is increasing to $2,805

This shift towards a more transparent and efficient system is a crucial development for employers and prospective H-1B applicants. As always, planning ahead and understanding these changes are key to navigating the H-1B process successfully. If you’re an employer looking to sponsor an employee for H-1B visa or if you are an employee aiming for an H-1B status, our experienced H-1B immigration attorneys are here to guide you through the process. Schedule your consultation with an experienced H-1B immigration attorney TODAY at www.calendly.com/irena-3/30min

We look forward to talking with you and helping you!

Jan
24

By

Upcoming new H-1B registration process

Category: Best H-1B attorney in Scottsdale, Best immigration attorney in Scottsdale, H-1B, H-1B filing deadline, H-1B registration, H-1B status, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale Tags: , , , ,

As we gear up for the H-1B registration and filing season, here’s a quick heads-up on what’s new and why reaching out to an immigration attorney might be your best move.

What’s Happening:

The H-1B registration process is getting a makeover! There are new procedures being implemented by the U.S. Citizenship and Immigration Service (USCIS) for the H-1B registration process.  USCIS is adding a collaboration platform to the H-1B registration system to allow more flexibility for employers.  The employers will be able to do the entire H-1B filing online.  It is important to plan ahead.

Key Dates:

Keep an eye on crucial dates. The H-1B registration will start in March.  USCIS is planning to make the new H-1B collaboration platform accessible in February.  Understanding the timeline is essential to ensure you don’t miss anything that will result in denial. Mark your calendars for the upcoming registration and filing deadlines.

New Procedures:

The H-1B registration process has evolved, and there are updates you need to be aware of. From the new H-1B registration system to the filing procedures, you need stay informed for the successful H-1B process.

Why Consider an Immigration Attorney:

With upcoming changes, having an immigration attorney by your side can make the process smoother.  An immigration attorney is the go-to expert, helping you navigate the complexities of the new H-1B process and ensuring the successful H-1B approval.

Get in Touch:

Don’t hesitate to reach out! If you’re an employer looking to sponsor an employee or if you are an employee aiming for an H-1B, our immigration attorneys are here to guide you through the process. Schedule your consultation with an experienced H-1B immigration attorney at www.calendly.com/irena-3/30min

Apr
22

By

What Is a “Cap-Gap”?

Category: Best H-1B attorney in Scottsdale, Cap-gap, H-1B, H-1B attorney, H-1B attorney in Phoenix, H-1B cap, H-1B status, H-1B visa, OPT Tags: , , , , ,

Where an employer subject to the H-1B visa cap properly files an H-1B petition requesting an October 1 start date and a timely change of status on behalf of an F-1 student, student’s F-1 status and employment authorization (if in Optional Practical Training) is automatically extended until September 30, thus eliminating the “gap” between the time the F-1 status would have expired and the October 1 start date of H-1B status. If the H-1B petition is not filed before the OPT expires, the student may not be employed again until October 1. Cap-gap does not apply to cap-exempt H-1Bs.

Cap-Gap

Please note that this article does not constitute legal advice from our law firm. We simplified the law to provide general information about one aspect of the H-1B visa.  If you would like to discuss if you qualify for the cap-gap or need help obtaining an H-1B visa, schedule a consultation with an experienced immigration lawyer in Scottsdale, AZ today or call our office at 480-425-2009! We look forward to talking with you!

Feb
28

By

H-1B registration starts on March 9, 2021

Category: Best H-1B attorney in Scottsdale, Best Investor visa attorney in Phoenix, H-1B, H-1B attorney, H-1B attorney in Phoenix, H-1B cap, H-1B filing deadline, H-1B registration, H-1B status Tags: , , , , ,

The registration for the fiscal year  2022  H-1B cap will start on March 9, 2021, and will end on March 25, 2021.  If there are more than 85,000 registrations received by March 25, the USCIS will randomly select registrations and intends to notify the registrants by Mach 31, 2021.

The petitions subject to the H-1B cap-subject may only be filed by those employers whose registrations were selected. USCIS delayed the changes to the H-1B selection process until December 31, 2021.

Please note that this article does not constitute legal advice.  We simplified the law to provide general information about the H-1B registration process for the fiscal year 2022.  If you would like to H-1B petition approved fast, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 today or call our office at 480-425-2009!

Oct
29

By

New proposed H-1B “wage-based” selection process

Category: "Extraordinary Ability" Visa, Best H-1B attorney in Scottsdale, Best immigration attorney, Best immigration attorney in Scottsdale, H-1B, H-1B attorney, H-1B attorney in Phoenix, H-1B cap, H-1B status, H-1B visa, Immigration attorney in Scottsdale, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, New H-1B rules, New H-1B selection process, Top H-1B attorney, Top immigration attorney, Top immigration attorney in Phoenix Tags: , , , , , , , , , , , , , , ,

The Department of Homeland Security (DHS) proposes to
change the process of selecting H-1B registrations for filing of H-1B cap-subject petitions from a random lottery selection to a wage-level-based selection process.

If more registrations were received during the annual
initial registration period than necessary to reach the
cap, USCIS would rank and select the registrations received generally on the basis of the highest OES wage level in the area of intended employment, beginning with OES wage level IV and proceeding in descending order with OES wage levels III, II, and I

These proposed changes would incentivize petitioners to offer higher wages
to H-1B workers or petition for positions requiring higher skills By changing the selection process, DHS would increase the chance
of selection for registrations or petitions seeking to employ beneficiaries at wages that would equal or exceed the level IV or level III prevailing wage. The DHS data shows that only 28.53% of H-1B petitions received in FYs 2018 and 2019 were filed for level IV and III wages.

The 30-day comments period starts on November 2, 2020.

Please note that this article does not constitute a legal advice.  We simplified the law to outline the proposed changes to H-1B selection process. If you would like to obtain an H-1B status, call our experienced H-1B attorney at 480-425-2009 or schedule your consultation online.

Oct
28

By

What are the new H-1B rules?

Category: Best H-1B attorney in Scottsdale, H-1B, H-1B attorney, H-1B attorney in Phoenix, H-1B status, H-1B visa, New definition of Specialty occupation, New H-1B rules, Top H-1B attorney Tags: , , , , , , ,

On December 7, 2020, changes to the H-1B nonimmigrant visa regulations will take effect. The proposed regulations amend the definition of a “specialty occupation” to indicate that there must be a “direct” relationship between the required degree field(s) and the duties of the position. Instead of demonstrating that a bachelors’ degree is “normally”, “commonly” or “usually” required; the bachelor’s degree in a specific specialty or its equivalent needs to be “always” required.

The regulations defines the term “employer-employee relationship”. In addition to considering whether employer has “the right to control” the employee’s work USCIS will also look at whether the employer actually exercises that right to control. The regulations set a 1-year maximum validity period for all H-1B petitions in which the beneficiary will be working at a third-party worksite.

Please note that this article does not constitute a legal advice.  We simplified the law to outline only some proposed changes to H-1B regulations. If you would like to obtain an H-1B status, call our experienced H-1B attorney at 480-425-2009 or schedule your consultation online.

Oct
28

By

How will new H-1B prevailing wage increase effect H-1B eligibility?

Category: Best immigration attorney, Best immigration attorney in Scottsdale, H-1B, H-1B attorney, H-1B attorney in Phoenix, H-1B prevailing wage rules, H-1B status, H-1B visa, Immigration attorney in Scottsdale, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, New H-1B rules, Prevailing wage, Top H-1B attorney, Top immigration attorney, Top immigration attorney in Phoenix Tags: , , , , , , , , , , , ,

On October 8, 2020, Department of Labor (“DOL”) published an interim final rule changing its method for calculating the prevailing wage rates in the H-1B program. DOL altered the level 1 prevailing wage from the 17th percentile of the OES wage distribution to 45th percentile on the false
assumption that the wages paid to individuals with a master’s degree represent the entry level wages for H-1B workers. Based on that upward adjustment, DOL increased the level 2 prevailing wage rate from 34th to the 62nd percentile, the level 3 prevailing wage from the 50th to the 78th percentile and the level 4 prevailing wage from the 67th percentile to the 95th percentile.

The upward adjustment of prevailing wage rates results in an overnight increase in wage rates and may likely result in many employers not hiring foreign workers. Lawsuits were filed seeking injunction to stop the DOL interim final rule.

Please note that this article does not constitute a legal advice.  We simplified the law to outline only some proposed changes to H-1B rules. If you would like to obtain an H-1B status, call our experienced H-1B attorney at 480-425-2009 or schedule your consultation online.

Aug
26

By

H-1B petition for a Civil Engineer from India approved in 7 weeks

Category: H-1B, H-1B attorney in Phoenix, Immigration attorney Phoenix, Immigration lawyer Arizona, Top immigration attorney Tags: , ,

We filed a H-1B petition on behalf of a US structural and civil engineering services provider. Our client has hired a graduate from an US university with a Master degree in environmental and sustainable engineering as part of the employee optional practical training.

Fortunately, our client was selected in the H-1B lottery. With the petition, we submitted plenty of evidence that this position meets the criteria of a “specialty occupation” defined in H-1B regulations. In this case, we did not have any issue showing to the USCIS satisfaction that the position of Civil Engineer normally requires a degree and that at least a baccalaureate degree is normally the minimum requirement for entry into the position of the Civil Engineer.    In addition, the degree requirement is common to the industry in parallel positions among similar organizations and the position of the Civil Engineer is so complex or unique that it can be performed only by an individual with a degree as evidenced by the beneficiary’s work product.  

Please note that this article does not constitute a legal advice.  We outlined one case study of filing a H-1B petition. If you would like to discuss if you may qualify for H-1B status or you want to change H-1B employer, call our experienced H-1B visa attorney at 480-425-2009 or schedule your consultation online. 

Jul
30

By

Change of H-1B worker employer approved in 10 weeks

Category: Best immigration attorney, Change of H-1B employer, H-1B, H-1B attorney in Phoenix, Immigration attorney Phoenix, Immigration lawyer Arizona, Top immigration attorney Tags: , ,

A real estate technology based company (Company) with a unique platform wanted to hire a foreign worker from India with a US Master of Science degree in Mechanical Engineering currently on H-1B visa for a position of a Technical Product Manager. The Company needs him to design and implement its full line of products. We filed the petition just before the worker’s H-1B status expired.

The Company and worker provided all documents necessary to show that all H-1B requirements are met and the H-B petition was approved in ten weeks without any delays or request for evidence.

Please note that this articles does not constitute a legal advice.  We outlined one case study changing an H-1B employer. If you would like to discuss if you may qualify for H-1B status or you want to change H-1B employer, call our experienced H-1B visa attorney at 480-425-2009 or schedule your consultation online.  

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