This Week’s Immigration News Highlights
The New H-1B Fee Hike: What Lawyers Need to Know Right Now
The proposed $100,000 H-1B filing fee is more than a price change, it’s a policy shift. It tells us the government wants fewer applicants, and only from employers who can pay a premium. For immigration lawyers, the implications are immediate.
What This Means
Small businesses squeezed out. Startups and mid-sized firms will find the program prohibitively expensive.
Big firms hold an advantage. Multinationals with compliance budgets will absorb the cost and keep filing.
Client questions intensify. Expect to hear: Is H-1B worth it? Should we pivot to O-1, TN, or green card sponsorship?
Why Timing Matters
Even if litigation delays implementation, H-1B season moves fast. Waiting to “see what happens” could mean losing an entire year. Clients need to understand that inaction is also a decision.
The Bigger Signal
This isn’t just about fees. Coupled with wage-based selection rules, the U.S. is signaling: “We want fewer, higher-paid workers.” That shift creates winners and losers, and clients will feel the pressure quickly.
For Lawyers
Translate the rules. Clients don’t need speculation, they need clarity.
Educate consistently. FAQs, webinars, memos, don’t let the news outpace your guidance.
Stay visible. The lawyers who explain changes clearly will be the ones employers trust long-term.
The H-1B program has always reflected U.S. values about work and innovation. This fee hike says: scarcity and expense over accessibility. Until the courts or Congress act, the best service lawyers can provide is clear guidance on what’s happening now and what to do next.
Preparing Clients for the H-1B Shakeup: A Lawyer’s Checklist
Big policy shifts can make clients freeze. The role of the lawyer is to break the paralysis. Here are seven concrete action items immigration lawyers should take with their H-1B clients immediately:
Update Client Alerts
Draft and circulate a clear, plain-English summary of the fee hike and potential timing. Clients should hear it from you, not the news.Segment Your Client Base
Identify which employers are likely to keep filing despite the costs, and which may need alternatives. Tailor your outreach accordingly.Audit Current H-1B Employees
Review expiration dates, portability options, and green card strategies. Make sure no one falls through the cracks while attention is on the new rules.Explore Alternative Visas
Prepare comparison charts for O-1, L-1, and TN categories. Clients will appreciate seeing options side-by-side.Reassess Filing Strategy
Counsel employers on whether to adjust timing, consolidate filings, or shift focus to permanent residency pathways.
Prepare Litigation Talking Points
Clients will ask whether lawsuits could block the fee. Have a balanced, realistic script ready, even if the answer is “it depends.”Track Agency Guidance Closely
Stay alert to USCIS updates, FAQs, and policy memos. Share clarifications with clients as soon as they surface.
That’s It This Week!
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