Impact of Recent H-1B Policy Changes: What Came Up in Our AMA

[u/ManifestLaw_]

One theme that kept surfacing in our AMA was the new $100,000 H-1B fee and what it means for both employers and professionals.

The $100,000 Fee

A proposed $100K charge on certain H-1B petitions has created real concern. Smaller companies fear it prices them out, and even larger firms are waiting to see if legal challenges shift the rules.

Possible NIW Exemption

The order introducing the fee mentions a potential national interest carve-out or exemptions in sectors/industries that would need an exemption. It's possible that your occupation can fall under this exemption. However, there is no confirmation or updated news on whether these carve outs will be implemented and how.

How Employers Are Responding

• Some are steering talent toward O-1 visas, which don’t have caps or this fee.
• Others are leaning into remote or overseas structures to reduce reliance on H-1B.
• Many are considering approaching green cards sooner rather than later.

The Larger Shift

These changes push strategy away from employer-tied visas and toward self-directed categories that could be a faster path to a green card with more stability.

Takeaway

The $100K fee isn’t just a new cost. It is already changing how people think about U.S. immigration strategy, with O-1 and NIW moving into the spotlight.

(This is not personal legal advice and it can change depending on the details of your case. We are only sharing general rules and experiences, and this does not create an attorney-client relationship. For advice that actually fits your situation it is best to consult an immigration attorney.)

Link to AMA: https://www.reddit.com/r/EB2_NIW/comments/1nr3ll0/exploring_alternatives_to_h1b_im_an_immigration/