Alternatives to the H-1B Visa: Options to Consider Due to Recent Changes

H-1B Immigration Update: The Proclamation of September 18,2025

If your company needs to hire skilled foreign workers to meet its needs, you may have been stunned by the recent Trump administration proclamation. It establishes that any H-1B visas petitioned after 12:01 AM Eastern time on September 21, 2025 would be subject to a $100,000 fee. The imposition of this fee has been widely criticized and its legality is being challenged in multiple court cases.

For many companies in Boston and throughout the USA, the fee will effectively eliminate their ability to hire noncitizen workers whose skills in numerous fields can benefit not only the companies that wish to hire them, but the public as well. For example, a recent article in the Washington Post talked about the impact of the proclamation on patients in rural areas. For them, the costs of healthcare are soaring and they face a shortage of doctors and other medical professionals willing to serve them. In the article, writer David Ovalle discusses a case of Nephrology Associates of the Carolinas who no longer can afford to sponsor an Indian kidney specialist.

Ovalle writes, “The fee increase for visa applicants, coupled with broader crackdowns on legal pathways for foreign-born workers, threatens a growing industry and jeopardizes patients who need timely care, according to labor experts and immigration lawyers.” In fact, the proclamation will likely cause particular stress in the healthcare industry. About 19,000 new or renewal H-1B applications were made for health care workers in 2024, with many of these workers providing care in underserved urban and rural communities.

Who does the new H-1B Rules apply to?

The new H-1B rules finalized by the Department of Homeland Security, including a weighted selection process for the H-1B cap lottery that prioritizes higher-paid and higher-skilled beneficiaries, take effect February 27, 2026 and apply to the Fiscal Year 2027 H-1B cap season (with registrations expected in March 2026).

These rules govern who is eligible for the H-1B numerical cap and how visas are allocated to new H-1B applicants, primarily foreign workers seeking their first H-1B status through an employer’s sponsorship under the cap.

Importantly, they do not apply to individuals already in the United States who are changing from another visa category to H-1B (e.g., change of status petitions for current residents), nor to current H-1B holders renewing or maintaining their status, as the new selection and related fee structures are specific to new cap-subject petitions for the 2026-27 cycle.

H-1B Alternative Options for Employers

While the proclamation has certainly imposed hardships on most employers who want to petition for noncitizen workers, your company and others do have several options. As you read about some of the H1-B alternatives and options below, keep in mind that they are best explained in detail by a knowledgeable, experienced immigration attorney.

• Pay the $100,000: For many large employers, the fee will be annoying, perhaps even limiting, but will not prevent them from petitioning for someone who can provide substantial value. However, smaller enterprises (like the medical practice noted in the Washington Post article) may not be able to afford the fee.
• Apply for a National Interest Exception (NIE). The proclamation gave the DHS secretary discretion to award not only individual exceptions but exceptions for all noncitizens working for a company or all noncitizens working in an industry when it serves the national interest and poses no threat to national security or welfare. However, the DHS secretary has chosen to award NIEs only on an individual basis and only when the following four criteria are met.
  • The presence in the U.S. of the noncitizen is in the national interest.
  • There is no Americal worker to fill the position.
  • The noncitizen poses no threat to national security or welfare.
  • Forcing the petitioner to pay the fee would “significantly undermine U.S. interests.”
• Alternate visas: Another option is an alternate visa. Such visas may be a good workaround solution for certain employees. They only apply, however, in specific the circumstances outlined below:
  • The O-1A visa for Extraordinary Ability/Achievement enables people with demonstrated extraordinary ability to secure employment in the United States. The O-1A visa applies specifically to people with extraordinary ability in the sciences, education, business, or athletics. To be recognized with extraordinary ability, a person must be “one of the small percentage who has risen to the very top of the field of endeavor” demonstrated by “sustained national or international acclaim.”
  • An L-1 visa may be granted to particular employees of a multinational company with an affiliated office in the U. S. Those employees who have worked for at least one of the previous three years before entering the U.S. in a foreign office of the multinational company may be allowed to transfer to the U.S. office.
  • The J1 Visa is designed to alleviate the shortage of qualified physicians in medically underserved areas. Under the program, J-1 visa foreign medical graduates (FMGs) may apply for a waiver of the 2-year foreign residence requirement upon completion of their J-1 exchange visitor program.
  • H4 EAD allows certain spouses of H-1B holders to work lawfully in the U.S., providing flexibility and income while long-term immigration options are pursued.
  • Student work permit (OPT or STEM  OPT) permits international graduates to gain U.S. work experience related to their field of study, often serving as a bridge to longer-term employment-based visas.
• Take advantage of the grace period. Workers on H-1B visas who leave their employment or are terminated have 60 days to regain lawful status or they must leave. This grace period not only enables workers to find other employment but enables companies that could utilize their skills to seek them out and employ them before the grace period ends and through the natural termination of their visas.

How Best to Proceed

The legal issues and practical concerns surrounding the Trump administration proclamation are evolving almost daily. Companies that need to hire foreign workers to fill their personnel requirements will need to base their strategies and decisions on current, accurate information. More than ever, consulting with an experienced immigration law firm will help employers and noncitizen workers make the best decisions possible based on the most current information available. Otherwise, you could easily make a costly mistake that impacts your bottom line, staffing decisions, and the success or failure of your company.

Reach out to the Immigration Desk

The Immigration Desk team of award-winning immigration attorneys have worked successfully with companies like yours to help you realize business growth through successful immigration. Even in these difficult circumstances, we will work to help you bring in and retain the best talent from around the world. Partnership and strategic guidance are at the core of what we offer, viewing each employment immigration case within the context of your long-term growth strategy. Our global reach and corporate experience across key, forward-thinking industries for companies of all sizes make us an invaluable asset. Contact us at 1-800-688-7892 or online today.