Guide for H-1B Holders On Recent Executive Order

Guide for H-1B Holders On Recent Executive Order


In September 2025, a signed executive action reportedly imposes a $100,000 annual fee on employers sponsoring H1B workers, effective September 21, 2025. The policy may face legal challenges and details could change, but it targets employers and does not retroactively charge current H-1B holders. Near term, monitor official updates, and keep documentation current; longer term, consider implications for renewals or transfers and explore alternative visa or green card paths.

Cautionary Note: This policy is significant and may be subject to legal and political changes. Do not make major decisions based solely on preliminary news; wait for official guidance. In the meantime, you can consider any of the following:

1. Stay Informed and Monitor Official Sources

  • Set up alerts: Subscribe to updates from USCIS (https://www.uscis.gov), the Department of Homeland Security (https://www.dhs.gov), and the Federal Register. This ensures you get accurate, timely information about any changes.
  • Follow reputable news outlets: Stick to established sources (e.g., major newspapers, government press releases) for immigration news.

2. Communicate Proactively with Your Employer

  • Ask about their plans: Check if your employer is aware of the proposed fee and how it might affect future sponsorship, renewals, or transfers.
  • Request written updates: Ask HR or your immigration contact to keep you informed about any company policy changes related to H1B sponsorship.

3. Review Your Current Status and Timeline

  • Check your I-94 and visa expiration dates: Know exactly when your status expires and when you’ll need to file for extension or transfer.
  • Gather documentation: Make sure you have copies of your approval notices, pay stubs, and employment verification letters. These will be crucial if you need to act quickly.

4. Explore Alternative Immigration Options

  • Research other visa categories: If you qualify, look into O-1 (extraordinary ability), L-1 (intracompany transfer), or employment-based green card options (EB-2, EB-3).
  • Consider adjustment of status: If you’re eligible for a green card, start preparing documentation and understand the process.

5. Build a Contingency Plan

  • Identify backup employment options: If your current employer is unable to sponsor you in the future, start networking and researching other companies with a history of H1B sponsorship.
  • Prepare for possible travel: If your status is at risk, know your options for returning to your home country or moving to another country with more favorable immigration policies.

6. Join Advocacy and Support Networks

  • Connect with professional organizations: Groups like AILA, local immigrant support groups, and online communities can provide updates, resources, and peer support.
  • Participate in advocacy: Consider joining efforts to contact lawmakers or sign petitions if you want to support policy change.

7. Avoid Misinformation

  • Verify before acting: If you hear about a new rule or fee, check the official government website or a trusted news source before making decisions.
  • Ignore rumors: Don’t rely on social media posts or unofficial forums for legal advice.

Summary Table of Immediate Actions:

ActionWhy It MattersHow to Do It
Monitor official sourcesGet accurate, timely updatesSubscribe to USCIS/DHS alerts
Communicate with employerUnderstand your sponsorship futureEmail HR/immigration contact
Review status/timelineAvoid lapses or missed deadlinesCheck I-94, visa, gather docs
Explore alternativesPrepare for possible changesResearch other visa/green card
Build contingency planBe ready for unexpected developmentsNetwork, research backup options
Join support networksAccess resources and advocacyConnect with AILA, local groups
Avoid misinformationPrevent unnecessary panic or mistakesVerify with official sources

What to Watch For in the Coming Months:

  • Any official announcements about the fee’s implementation, delays, or legal challenges.
  • Employer communications about sponsorship policy changes.
  • Updates from advocacy organizations and government agencies.

Article by Talking Tree, your legal companion in the startup world. Talking Tree is a legal technology and education non-profit, including a suite of AI-powered tools crafted by ex-FAANG and AmLaw 50 lawyers, designed to help improve accessibility of legal know-hows and quality legal services. Affordable and user-friendly, Talking Tree helps your company navigate legal tasks so you can focus on what you do best—building something amazing. Because legal doesn’t have to be boring or expensive. Let’s make law accessible together.