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, the Department of Homeland Security, 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:
| Action | Why It Matters | How to Do It |
|---|---|---|
| Monitor official sources | Get accurate, timely updates | Subscribe to USCIS/DHS alerts |
| Communicate with employer | Understand your sponsorship future | Email HR/immigration contact |
| Review status/timeline | Avoid lapses or missed deadlines | Check I-94, visa, gather docs |
| Explore alternatives | Prepare for possible changes | Research other visa/green card |
| Build contingency plan | Be ready for unexpected developments | Network, research backup options |
| Join support networks | Access resources and advocacy | Connect with AILA, local groups |
| Avoid misinformation | Prevent unnecessary panic or mistakes | Verify with official sources |
If you are considering starting your own business during this period, see our Guide for Immigrant Entrepreneurs Starting a Business in the U.S. for a plain-English overview of what your visa status allows.
Free and Low-Cost Legal Resources for H-1B Workers
H-1B legal representation is expensive. Attorney fees for H-1B petition preparation and filing typically range from $3,000–$7,000 per petition, not including the government filing fees ($460–$730 base, plus the new employer fees now in effect). For workers navigating a status change, transfer, or green card application, total costs can exceed $15,000–$25,000 before all is said and done.
The reality is that many H-1B holders — especially those at smaller companies or startups without strong HR infrastructure — face these costs largely on their own. Here are free and low-cost resources that most guides don't highlight:
Law school immigration clinics: Many ABA-accredited law schools operate immigration law clinics that provide free or low-cost representation to qualifying individuals. Services vary by school, but often include status consultations, document review, and help with standard filings. Search for clinics in your area through the American Immigration Lawyers Association (AILA) resource directory.
Nonprofit immigration legal services: Organizations like the International Rescue Committee, Catholic Charities, and local legal aid societies often provide immigration consultations. Coverage varies significantly by region — urban areas generally have more options.
AILA's pro bono resources: AILA maintains a pro bono directory connecting individuals with member attorneys willing to take on cases without charge for qualifying individuals.
Employer-covered counsel: If your employer sponsors your H-1B, they are typically required to pay the attorney fees for the petition itself. You should not be asked to pay the employer's portion of filing fees. If you are, consult AILA's guidance on fee splitting rules.
What you can handle yourself: USCIS status checks, case status monitoring, and routine document gathering don't require an attorney. Understanding your rights as an H-1B holder — including which actions your employer can and cannot take — is educational information you can research independently through USCIS's official resources.
Talking Tree exists to help bridge the gap between expensive professional advice and no advice at all. While we don't provide immigration legal services directly, our tools can help you understand immigration-related documents and contracts in plain English.
Using AI to Stay Organized Through H-1B Uncertainty
The most important thing an H-1B holder can do during periods of policy uncertainty is stay organized and stay current. AI tools can help with the information-management side of this:
Document management: Keep digital copies of all key immigration documents — I-94 record, current H-1B approval notice, all prior approval notices, your passport, visa stamps, pay stubs, and employer verification letters. Store them in multiple locations (cloud + local backup). AI tools can help you organize, label, and summarize these documents efficiently.
Policy monitoring: Set up Google Alerts or USCIS email subscriptions to receive updates directly. During periods of rapid policy change, the signal-to-noise ratio on social media and forums is very low. Defaulting to official sources — USCIS.gov, Federal Register, DHS.gov — and getting AI summaries of complex regulatory documents is a more reliable approach than trying to interpret policy through news coverage.
Employer agreement review: If your employment situation changes — new employer, change in role, acquisition, or restructuring — your H-1B status may be affected. Any new employment agreements, amended petitions, or transfer documents should be reviewed carefully. Talking Tree's Redwood can help you understand employment contracts and identify provisions that may affect your visa status, before you pay an immigration attorney to review them.
Timeline tracking: H-1B extensions, transfers, and green card applications involve multiple overlapping deadlines. An AI tool can help you track these timelines, set reminders, and ensure you're not approaching any critical dates without awareness. Missing an extension filing deadline can result in status lapses that are expensive and stressful to correct.
The goal is not to replace qualified immigration counsel — for complex situations, an attorney remains essential. The goal is to be informed and organized enough that your attorney time is spent on decisions, not on document gathering and information you could have had in advance.
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.