As the U.S. H-1B program undergoes its most significant transformation in decades, employers are facing a new landscape defined by heightened compliance risks and steep financial stakes. In a recent webinar hosted by Newland Chase, titled “H-1B in Transition: Navigating New Filing Fees and Proposed Lottery Changes,” industry leaders laid out what’s at stake and how organizations can best prepare.
The session was moderated by Ray Rackham, Co-Chair of Newland Chase, and featured Agustina Dorada, Vice President of Americas Service and Operations, and Ian Macdonald, Shareholder at Greenberg Traurig LLP. Together, they unpacked the complexities of the $100,000 H-1B fee, discussed the impacts of a new wage-weighted lottery system, and offered employers timely, practical guidance.
Below are five key takeaways from the broader discussion on immigration strategy, compliance, and risk mitigation.
1. Audit and identify impacted employees now.
Ian Macdonald emphasized that organizations must begin by conducting a thorough workforce impact audit. This means identifying employees who may need H-1B sponsorship for the upcoming cap season—and determining whether they are currently outside the U.S., making them subject to the $100,000 fee. This step is particularly critical for business units with high historical usage of H-1B workers. Companies should engage their hiring managers now, especially in sectors like tech and pharma, to identify high-volume users of H-1B visas. This early-stage communication is essential for accurate forecasting and budgeting.
2. Implement internal approval protocols for fee-eligible cases.
With such a significant cost implication, Macdonald recommended that any case potentially triggering the new fee receive C-suite level approval. Companies should not only update their immigration policies but also establish formal internal sign-off procedures. The speakers cautioned against unilateral decisions at the operational level that could inadvertently expose the organization to unexpected financial liability. This is particularly important in decentralized global organizations where local HR teams may lack full visibility of the implications.
3. Assess wage levels to maximize lottery success.
The proposed lottery reform will weight entries based on prevailing wage levels, granting Level 4 wage roles four times the chance of selection compared to Level 1. Macdonald urged employers to evaluate wage levels across all prospective H-1B roles and consider working with immigration counsel to run prevailing wage analyses now. He also pointed out the possibility of strategic geographic placement—filing for roles in regions with lower wage requirements for the same occupational codes. For example, a Level 4 wage for a software engineer in Los Angeles may exceed $250,000, whereas in Dallas it could be closer to $150,000. This delta could determine whether a case is competitive—or cost-prohibitive.
4. Develop cost scenarios and contingency strategies.
A recurring theme was the need for robust scenario planning. Employers are advised to model both best-case and worst-case financial outcomes, including the impact of the $100,000 fee, premium processing, legal costs, and possible fallback visa options. Business leaders need not only financial clarity but also insight into potential alternative pathways—such as recruiting F-1 OPT, J-1, or TN visa holders already in the US—to reduce exposure to the new fee. Companies should also assess whether roles qualify for national interest exemptions, though Macdonald noted the bar will likely be high and could involve advertising to prove the lack of qualified U.S. workers.
5. Stay informed and adaptive.
Finally, the panel was clear: this policy is evolving. As Macdonald put it, the administration tends to first announce the broad strokes and refine policy details after initial rollout. Employers must monitor updates from USCIS and the Department of Labor, as further clarification—or litigation—could shift the landscape again. In fact, Macdonald noted that ongoing lawsuits, including one led by the U.S. Chamber of Commerce, challenge the legality of the $100,000 fee, citing concerns about executive overreach and the need for congressional approval. However, until judicial decisions are reached, organizations should proceed under the assumption that the fee will stand.
Conclusion
The Newland Chase webinar underscored that strategic, compliant immigration planning is no longer a competitive advantage—it’s a business imperative. As companies prepare for the next H-1B cap season, the panel’s message was clear: act now, plan proactively, and align hiring, legal, and compliance functions around this shifting regulatory environment. Whether navigating fee triggers, optimizing wage levels, or auditing internal policies, the organizations that succeed will be those who anticipate change—rather than react to it.
To watch the full webinar, click here.
This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.
