New England Biz Law Update
Two major H‑1B developments could reshape how employers approach high-skilled immigration this fall. A controversial $100,000 fee per initial petition is now in effect, while the U.S. Citizenship and Immigration Services (USCIS) has quietly walked back a policy from the first Trump administration that had led to widespread petition denials for technical filing errors.
The new $100K fee applies to initial H‑1B petitions filed on or after September 21, 2025.
Critics say that the fee, intended to prioritize hiring of U.S. workers, could dramatically curb employer participation, especially among hospitals, universities, and smaller firms that historically rely on H‑1B talent in hard-to-fill roles.
Legal analysts question whether the fee will withstand judicial scrutiny. While the Department of Homeland Security has issued limited guidance, but no formal exemptions exist yet for nonprofit or research organizations. Employers are being advised to budget accordingly and monitor for any legal challenges.
Denials for technical errors rolled back
In more welcome news for employers utilizing H-1B visas, USCIS has rescinded a 2018 policy that allowed the agency to deny applications outright for technical errors – such as missing signatures or blank fields – without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).
The rollback re-establishes more forgiving review procedures for employment-based petitions, including H‑1Bs.
Legal experts say that the change offers employers much-needed clarity and an opportunity to correct good-faith mistakes before risking a denial.
Companies should prepare for the following:
- Planning for increased costs for H‑1B filings unless the fee is reversed by litigation.
- Improving precision on filings to avoid delays.
- Considering visa alternatives like STEM OPT and O‑1s.
- Monitoring for further updates from USCIS and its parent agency, DHS.
