With a possible government shutdown approaching on October 1, 2025, employers relying on H-2B visas should prepare for disruptions. While USCIS, CBP, and consulates abroad are expected to continue many operations, the Department of Labor’s FLAG system will shut down, halting prevailing wage requests, H-2B applications (ETA-9142B), H-2A applications (ETA-9142A), LCAs, and PERM filings. Early action and planning are critical to minimize delays.

The administration has proposed replacing the random H-1B lottery with a wage-based selection process favoring higher-paid roles. The rule is still in the notice-and-comment stage, but employers should prepare now. Here’s what you need to know about the proposed changes, the $100k H-1B fee, and what steps to take next.

The White House issued an Executive Order on September 19, 2025, imposing a $100,000 fee on all new H-1B petitions, effective September 21. Initial confusion suggested the fee could apply to all H-1B workers abroad, but USCIS and CBP later clarified it applies only to new filings, with possible exemptions for extensions and amendments. The administration has since confirmed physicians and medical residents may also be exempt, though further guidance is pending.

The Heritage Foundation’s latest report and a new DHS proposal both call for replacing the H-1B lottery with a wage-based selection system. While framed as targeting “top talent,” this shift risks shutting out small businesses, start-ups, and early-career professionals. By prioritizing the highest salaries, the policy could further concentrate visas among large corporations and reduce diversity in the U.S. high-skilled labor market.

Planning a trip to the U.S. soon? There's a significant new cost to consider: the U.S. Visa Integrity Fee. Signed into law, this non-waivable $250 charge applies to most nonimmigrant visa holders, including tourists, students, and temporary workers.

The bipartisan Dignity Act of 2025 offers a sweeping proposal to reform U.S. immigration, including temporary legal status for undocumented immigrants, protections for Dreamers, visa backlog reduction, and stricter border and asylum measures. While not without controversy, the bill marks a serious effort to advance long-overdue reform at a time of growing public support for immigration.

President Trump’s new travel ban, effective June 9, 2025, blocks or restricts U.S. visa access for 19 countries. Twelve face a full suspension for both immigrant and nonimmigrant visas, while seven face targeted limits, especially on tourist, student, and exchange visas. While some exceptions apply, the policy significantly disrupts travel, employment, and education plans. Affected individuals should consult legal counsel for guidance.

A proposed 5% federal tax on remittances sent by non-citizens could significantly impact legal visa holders, including those on H-2A and H-2B visas. While aimed at deterring unauthorized immigration, the measure may disrupt essential financial support that seasonal workers send home—money that sustains families and communities abroad.

Tech startups can access multiple U.S. immigration pathways including H-1B, L-1 (for transfers and new offices), O-1A (extraordinary ability), EB-2 National Interest Waiver (NIW), and EB-5 investor visas. Each option has specific requirements and benefits—from employer sponsorship needs to eligibility criteria. Choosing the right visa depends on the startup’s goals, founder’s qualifications, and business plans. Contact Kirchner Law for tailored guidance.

Choosing the right immigration lawyer can make all the difference in your journey to live or work in the United States. Your first meeting is a key opportunity to evaluate whether the attorney has the experience, communication style, and strategy that align with your needs. In this post, we outline the most important questions to ask during your consultation so you can make an informed decision and move forward with confidence.