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Guide

A Guide to H-1B Visa Changes: Future-Proof Your Hiring Plans

Immigration

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Key takeaways

  1. The new $100,000 employer-paid fee for new H-1B petitions (effective September 21, 2025), combined with lottery uncertainty, stricter reviews of specialty occupations, higher wage levels/LCAs, and potential USCIS site visits, increases costs, risks, and hiring timelines.
  2. Pivot to alternative visas (O-1, L-1, TN, E-3, H-1B1, E-1/E-2, OPT, early green card/NIW), use Employer of Record (EOR) to hire abroad without relocation, and nearshore via existing or new entities to protect delivery and budgets.
  3. Deel combines immigration expertise, global EOR in 150+ countries, and Entity Setup & Management—in a single platform that keeps you compliant with USCIS/DOL, accelerates hiring, and lets you choose the most cost-effective path for each role.

While current H-1B visa holders aren’t affected, US employers now face a new reality: a six-figure filing fee for new H-1B petitions starting 21 September 2025. That price tag is forcing organizations to be more intentional in how they access skills—reserving sponsorship for revenue-critical roles and exploring smarter, more flexible global hiring models.

This guide breaks down what changed, who’s impacted, and the three proven strategies leading companies use today: alternative visa pathways, remote hiring via EOR, and nearshoring with existing or new entities.

Who will benefit from this guide?

  • HR & People leaders rethinking workforce plans amid shifting immigration costs
  • Talent & TA leaders facing engineering and specialist shortages in the United States
  • Finance leaders modeling the total cost of hire and wage levels across markets
  • Founders & VPs who need speed now, with flexibility to relocate later
  • Global mobility & legal teams planning around policy shifts and site visits/audits

What’s inside?

  • The 2025 changes: fees, timing, who’s affected (and who isn’t)
  • Expected reforms ahead: prevailing wage, specialty occupations scrutiny, and selection models
  • Three strategic routes: Alternative visas, Remote/EOR, Nearshoring/Entity Setup
  • Decision framework: budget × urgency × candidate location × long-term goals
  • How Deel supports Immigration, EOR, and Entity Setup end-to-end

FAQs

The H-1B visa program allows US employers to hire foreign workers in specialty occupations. Beginning 21 September 2025, new H-1B petitions must include a $100,000 employer-paid fee. Prior filings, extensions, and amendments are not retroactive in effect.

An H-1B worker is a foreign national employed in a specialty occupation that typically requires a bachelor’s or master’s degree or higher.

The annual H-1B cap still limits the issuance of new visas, with certain cap exemptions (for example, qualifying nonprofit or research institutions). The new fee applies to all new filings, regardless of lottery status, unless a future exemption is announced.

The Department of Labor (DOL) uses wage levels and labor condition applications (LCAs) to ensure pay meets market standards. Higher wages can strengthen an H-1B case and may matter more if a weighted selection replaces the random lottery.

Citizenship and Immigration Services (USCIS) adjudicates H-1B visas, conducts site visits, and may issue RFEs. Expect closer scrutiny of specialty occupations and degree relevance.

Policy direction and announcements often originate from the White House and are implemented by agencies like USCIS and the Department of Labor (DOL) through rulemaking and guidance.

Generally, H-1B visa holders with approved petitions filed before September 21, 2025 aren’t impacted by the new fee. Renewals and amendments of existing cases are not retroactive under the current guidance.

Consider O-1 (extraordinary ability), L-1 (intra-company transfer), TN (Canada/Mexico), E-3 (Australia), H-1B1 (Chile/Singapore), E-1/E-2 (treaty trader/investor), OPT, or starting a green card process early (e.g., for an EB-2 National Interest Waiver). Fit depends on nationality, role, and credentials.

The national interest waiver is a green card path (typically EB-2) allowing certain highly skilled professionals to skip the PERM labor certification if their work benefits the United States broadly.

Before filing an H-1B, employers file an LCA with the Department of Labor (DOL) attesting to wage levels and working conditions. Approval is required prior to submitting most H-1B petitions.

Yes. Employer of Record (EOR) lets you employ talent outside the United States compliantly—fast—while keeping future relocation options open. It’s a strong choice when timelines are tight or budgets won’t support the new fee.

Nearshoring builds teams in nearby countries (e.g., Canada, Mexico, Brazil) to stay aligned on time zones and costs. It can complement US leadership roles while avoiding immediate H-1B visas.

USCIS site visits verify that job duties, location, and wage levels match filings. Maintaining clean records, up-to-date LCAs, and compliant payroll reduces audit risk.

Advanced degrees can strengthen eligibility for specialty occupations and, in some programs, provide separate cap considerations; however, the 2025 fee is separate from degree-based cap rules.

Sometimes. Depending on role, timing, and credentials, employers may pursue PERM-based green cards or categories like EB-1 or EB-2 NIW to reduce uncertainty and reliance on the H-1B.

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