The last few months have pushed employment-based immigration into a new chapter—one marked by shifting fees, longer work authorization timelines, and employers trying to keep up. If you work with HR teams, you’ve probably felt the collective confusion around EAD extensions and the uneven rollout of fee guidance tied to H-1B filings. This week, we’ll break down what actually matters in practice so you can keep your clients steady.

Let’s start with EADs. Extensions are stretching longer, and more categories now require employers to plan for 180-day automatic extension periods that don’t always match internal HR systems. The biggest mistake companies make here is assuming an employee’s badge expiration or internal work authorization tracker reflects legal status. It often doesn’t. Attorneys should remind teams that I-9 reverification rules rely on the documents, not the company system. I’ve seen well-meaning HR managers suspend workers simply because they didn’t recognize an automatic extension. Your clients need a clean policy: one point of contact, one review standard, and a clear escalation path to counsel.

On the H-1B side, fees are again becoming a puzzle. It’s not just “what do we pay?” but “how do we budget for it when USCIS guidance keeps evolving?” Mid-sized companies are asking whether the new structure rewards predictability or simply shifts costs to Q2 and Q3. My advice is to help them think like seasoned founders: make your decisions based on what’s true today, not what might change three memos from now. Build a buffer into every cap-season budget and keep a running document that logs USCIS clarifications as they come out. When clients see you tracking this in real time, it immediately lowers the temperature.

The goal here isn’t to overwhelm startups and corporations with policy shifts. It’s to give them the narrow path through the noise. With clear EAD workflows and a grounded approach to H-1B fees, employers can stop reacting and start planning again.

Startups love to move fast, but immigration rarely does. When founders reach out, usually with a half-built product and a fully-booked sprint, they’re often shocked to learn that sponsoring talent requires more than a verbal offer and a payroll system. This short guide covers the essentials you can give them before they make big promises.

First, sponsorship is a commitment, not an experiment. Whether it’s an H-1B, O-1A, or even a cap-gap extension for a recent F-1 graduate, the company must show real operations: a product, customers, or at least structured activity. Early-stage founders sometimes overthink this, but the truth is simple: USCIS wants proof that the job isn’t imaginary.

Second, cap-gap still matters in 2025. F-1 students can continue working if their H-1B was filed in time, but many founders misunderstand the dates. Encourage them to notify counsel as soon as they make an offer to an international student. Every lost week narrows filing windows.

Finally, alternatives matter more today. When H-1B odds dip, advisors should lay out realistic paths: STEM OPT extensions, O-1 skill-building, part-time H-1Bs through research institutions, or even global remote-work bridges while the company builds traction. Founders appreciate options, not ultimatums.

Your goal isn’t to teach immigration law to entrepreneurs,it’s to give them enough understanding to avoid decisions that put both the company and the foreign national in a bind.

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Also, if you’d love my expertise as an immigration attorney, feel free to book a call with me.

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Finally, visit our Custom GPT Immigration Law Expert Shelly: an AI chatbot designed by The Notice to All Team. AI Shelly has all the answers to your immigration questions (not a replacement for professional consulting, though. AI isn’t that good). A Gemini Gem version is also available!

Until next time, enjoy this fall weather 🍁