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Articles Posted in H-1B Visa

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The recent presidential proclamation imposing a $100,000 fee on certain H-1B petitions has caused alarm among employers, workers, and their counsel. At Zneimer & Zneimer, P.C., we want our clients to understand the scope of this rule, why it applies only to entry, and what risks arise when a worker changes employers and later travels abroad.

Authority under INA § 212(f)

The proclamation rests on INA § 212(f), 8 U.S.C. § 1182(f), which empowers the president to “suspend the entry of all aliens or any class of aliens” or impose “any restrictions” deemed appropriate on their admission. Importantly, this power governs entry at the border, not the status of people who are already inside the United States.  By its terms, the proclamation:

  • Applies to foreign nationals outside the U.S. seeking to enter after the effective date after 12:01 AM (ET) on September 21, 2025
  • Does not apply to extensions of status or change-of-status petitions filed while the worker remains inside the United States.
  • Does not alter the validity of previously approved H-1B petitions or visas.

USCIS and CBP have both confirmed that the rule is entry-focused as it imposes a condition of admission, not a retroactive obligation for individuals already maintaining lawful status in the U.S.

What Happens with New Petitions and Travel?

A thorny question arises under the Proclamation when a worker already in the U.S. changes status to H-1B or is already in H-1B and changes employers after the effective date of the proclamation.  In both cases, the filing will be a new H-1B petition on behalf of the foreign worker.   Suppose a beneficiary has a valid H-1B petition and a subsequent employer files a new petition (“H-1B transfer”). While the worker remains in the U.S., the proclamation does not apply based on its express terms:

 Section 1.  Restriction on Entry.

(a)  Pursuant to sections 212(f) and 215(a) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(f) and 1185(a), the entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA, 8 U.S.C. 1101(a)(15)(H)(i)(b), is restricted….

(b) The Secretary of Homeland Security shall restrict decisions on petitions not accompanied by a $100,000 payment for H-1B specialty occupation workers under section 101(a)(15)(H)(i)(b) of the INA, who are currently outside the United States….

See, Restriction on Entry of Certain Nonimmigrant Workers, Presidential Proclamation (Sept. 19, 2025), issued under INA §§ 212(f) and 215(a), 8 U.S.C. §§ 1182(f), 1185(a).

Let’s parse this language. 

Textual Analysis Continue reading →

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Immigration law often hides in the details of statutory authority. When the White House announces changes to visas, the form of the announcement – executive order or presidential proclamation – signals the legal foundation beneath it. With the recent H-1B fee increase, the administration chose a proclamation. That choice tells us a great deal about power, process, and potential challenges.

Executive Orders Talk To the Agency

An executive order directs the federal bureaucracy. It tells agencies how to interpret or enforce existing law. For example, a president may issue an executive order instructing the Department of Homeland Security to review fraud detection in the H-1B program. An executive order does not create new legal obligations for the public. It organizes how agencies carry out duties Congress has already assigned.

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On September 19, 2025, President Trump issued a Proclamation titled Restriction on Entry of Certain Nonimmigrant Workers. This Proclamation introduces a substantial new cost for employers filing new H-1B petitions and signals further regulatory reforms to the H-1B program.  The H-1B Attorneys of Zneimer & Zneimer provide this brief guidance.

Key Change – New $100,000 Filing Requirement

Effective September 21, 2025 at 12:01 a.m. ET, any new H-1B petition must be accompanied by a $100,000 payment. This requirement applies to:

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The journey of foreign medical graduates to practice medicine in the United States embodies a challenging yet immensely rewarding pathway. From securing a visa to fulfilling residency requirements, FMGs  navigate a web of regulatory and procedural hurdles, including dealing with ECFMG, USMLE, state licensing issues, and of course, immigration issues. In this landscape, understanding the intricacies of J waivers, H-1B visas, and the role of experienced immigration law firms like Zneimer & Zneimer becomes indispensable.

For many FMGs, the journey begins either with H-1B or with a J-1 visa.  The J-1 visa comes with two years foreign residency requirements and ineligibility for H-1B visa or permanent residence until the two years foreign residency requirement is completed or unless the foreign medical graduate receives a J waiver.  For those seeking to remain in the U.S., obtaining a J-1 waiver is crucial. This waiver allows FMGs to bypass the home residency requirement under certain conditions, such as serving in a medically underserved area. The complexity of these applications highlights the importance of having seasoned immigration attorneys to guide FMGs through the process.  Our law firm is very experienced in all types of J waivers.

The H-1B visa serves as another mechanism for FMGs aspiring to practice in the U.S. but not all residency programs file H-1B petitions for their medical residents. Unlike the J-1, the H-1B does not inherently require a return to one’s home country after training. It permits FMGs to work in the U.S. for up to six years, offering a potential pathway to permanent residency. The annual cap on H-1B visas and the lottery system make it a competitive and uncertain process, except for those foreign physicians who work for cap-exempt entities. Expert legal guidance becomes invaluable in navigating this complex landscape and maximizing the chances of a successful application.

At the heart of the journey for many FMGs is the support and expertise of immigration law firms, among which Zneimer & Zneimer stands out for its dedication and success in assisting FMGs. Our clients stay with us from the start of their medical residency throughout the day they become citizens.  With years of experience, Zneimer & Zneimer has developed a deep understanding of the unique challenges faced by FMGs and tailored strategies to overcome these obstacles. Whether it is strategizing for J-1 waivers, filing H-1B petitions, or navigating the green card process, Zneimer & Zneimer provides comprehensive support to FMGs at every step of their journey.

What sets Zneimer & Zneimer apart is not just its expertise in immigration law but its genuine commitment to the success and well-being of FMGs. Recognizing the critical role of FMGs in addressing healthcare shortages across the U.S., Zneimer & Zneimer takes pride in facilitating the integration of these highly skilled professionals into the U.S. healthcare system. The firm’s extensive experience, coupled with a personalized approach to each case, ensures that FMGs have the best possible representation and advice. Continue reading →

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The Chicago H-1B immigration attorneys at Zneimer & Zneimer PC are actively enrolling businesses in need of specialized workers for the H-1B lottery. It has come to our attention that the United States Citizenship and Immigration Services has decided to extend the initial registration timeframe for the fiscal year 2025 H-1B cap due to technical difficulties. The initial registration period, which commenced at noon Eastern on March 6, 2024, and was initially slated to conclude at noon Eastern on March 22, 2024, has been extended to conclude at noon Eastern on March 25, 2024. This extension is in response to a temporary system outage encountered by some registrants, providing them with additional time to address this complication.  Throughout this extension, prospective petitioners, and their representatives where relevant, are required to utilize a USCIS online account to electronically register each beneficiary for the selection process and remit the requisite registration fee for each beneficiary. The USCIS still plans to inform the selected registrants by March 31, 2024.

The H-1B visa is a non-immigrant visa under the Immigration and Nationality Act, which allows U.S. employers to employ foreign workers in specialty occupations. A specialty occupation requires the theoretical and practical application of a body of highly specialized knowledge, and a bachelor’s degree or the equivalent in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. The H-1B visa program is subject to an annual cap or limit on the number of visas that can be issued each fiscal year, which currently stands at 65,000 for the regular cap, with an additional 20,000 visas available to graduates with advanced degrees from U.S. institutions of higher education.

 

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The Chicago H-1B visa lawyers of Zneimer & Zneimer PC. reviewed the DHS’s final regulations regarding the H-1B registration process.  Department of Homeland Security (DHS) has introduced a series of significant changes to the H-1B visa registration process, aiming to streamline the procedure and ensure a fair chance for all applicants. With the new system commencing on March 6, 2024 and ends on March 22, 2024, it is crucial for employers to understand these updates and prepare accordingly.

Beneficiary-Centric Process

The Department of Homeland Security published final regulations outlining how USCIS will select H-1B registrations.  The USCIS introduced a beneficiary-centric approach, which marks a significant shift from the previous method of selection. Under the new rule, USCIS will select H-1B registrations based on each unique beneficiary, meaning that every individual entered the selection process will have an equal opportunity to be chosen, regardless of the number of registrations filed on their behalf. This method aims to eliminate the possibility of gaming the system to increase selection chances, thereby maintaining the integrity and fairness of the process.

Under the new H-1B visa registration process, all employers who submit registrations on behalf of a beneficiary will be notified if that beneficiary is selected in the lottery. Once a beneficiary is selected in the H-1B visa lottery, USCIS will inform every employer who submitted a registration for that specific beneficiary. This notification process allows all participating employers to be aware of their candidate’s selection status. Subsequently, each notified employer will have the opportunity to file an H-1B petition on behalf of the selected beneficiary during the applicable petition filing period.

This approach will be beneficiary-centric in nature, aiming to streamline communication and reduce uncertainty for employers.  For that reason, the registrants must enter either a valid passport information or valid travel document information in the registration.

Understanding the Electronic Registration Requirement

In an effort to make the H-1B visa application process more efficient, USCIS now mandates that all petitioners must register electronically through the official USCIS website. This requirement applies to both the H-1B regular cap and the H-1B advanced degree exemption. It is the first step in filing an H-1B cap-subject petition for a beneficiary, ensuring that the petitioner is eligible to proceed with the application for the selected fiscal year.

The Importance of Individual Registrations

A critical aspect of the updated process is the limitation on registrations per beneficiary. Each prospective petitioner is required to submit a separate electronic registration for every beneficiary and is restricted to one registration per beneficiary per fiscal year.

Registration Period and Selection Process

The initial registration period is set to last a minimum of 14 calendar days, providing a sufficient window for all interested petitioners to submit their registrations. USCIS commits to announcing the start and end dates of this period well in advance, ensuring transparency and allowing employers to prepare accordingly.  Here are the important dates:

  • March 6: H-1B registration period opens at noon Eastern.
  • March 22: H-1B registration period closes at noon Eastern.
  • March 31: Date by which USCIS intends to notify selected registrants.
  • April 1: The earliest date that FY 2025 H-1B cap-subject petitions based on the registrations selected during the initial FY 2025 selection period may be filed.

A change in the selection process is the focus on unique beneficiaries. This means that each beneficiary will be counted only once in the selection process, regardless of the number of registrations submitted on their behalf. This adjustment aims to democratize the selection process, giving each beneficiary an equal chance of being selected.

Required Information for Registration

To complete the registration, petitioners must include the beneficiary’s valid passport information or a valid travel document. This ensures that the beneficiary can be accurately identified and is eligible to enter the United States if selected. It is important to note that each beneficiary must be registered under a single passport or travel document, reinforcing the uniqueness of each registration.

The following information must be entered as part of the registration process

  1. Beneficiary’s Legal Name: Ensure the registration includes the full legal name of the beneficiary.
  2. Date of Birth: Provide the complete date of birth of the beneficiary.
  3. Country of Birth: Include the country where the beneficiary was born.
  4. Valid Passport or Travel Document Information:
  • Passport number or travel document number.
  • Country of issuance. Enter the country that issued the passport and not the country in which a consulate is geographically located.  For example, if a German citizen has their German passport issued or renewed at the German Consulate in the United States, please write “Germany.”
  • Expiration date.
  1. Certification under Penalty of Perjury:
  • The registrant must certify that the information contained in the registration is complete, true, and correct.
  • The registration must reflect a legitimate job offer, and the registrant intends to file an H-1B petition on behalf of the beneficiary.

Post-Selection Procedures

Upon selection, USCIS will notify each registrant employer, allowing the petitioner to proceed with filing an H-1B cap-subject petition for the beneficiary. This notification is crucial as it enables the employer to prepare the necessary documentation and fulfill the subsequent steps of the application process within the designated filing period.

Registration Fee and Compliance Continue reading →

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If you are a potential H-1B worker who has not been selected for the H-1B lottery, you have other options. At Zneimer & Zneimer, our experienced immigration attorneys can help employers and workers who were not selected for the H-1B visa lottery to find the best path forward.

One option for H-1B workers who have not been selected in the lottery is to consider alternative visa options. There are several other visas that may be available, depending on your individual circumstances. For example, if you have an advanced degree, you may be eligible for an O-1 visa, which is designed for individuals with extraordinary ability in the arts, sciences, education, business, or athletics.  Another option is to seek F-1 status as a student, or if you have OPT and are eligible for STEM OPT, you can seek extension of your STEM OPT.  It is also possible to explore other work visa options, such as the L-1 visa, which is designed for intracompany transferees, or the E-2 visa, which is designed for individuals from treaty countries who invest in a U.S. business.  If the company has overseas offices, a temporary work abroad may provide ability to obtain L-1A or L-1B visa next year.  Some people may qualify for permanent residence through National Interest Waiver or as people of exceptional or extraordinary abilities.

If you have not been selected for the H-1B lottery, don’t give up hope. Contact Zneimer & Zneimer today for a consultation, and let our immigration attorneys help you find the best path forward. We are here to help you achieve your immigration goals and build a successful future in the United States.

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The Chicago immigration lawyers of Zneimer & Zneimer are preparing for the H-1B registration.  The H-1B visa is a type of non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. To qualify for an H-1B visa, the job must meet the following requirements:

  1. Specialty Occupation: The job must require the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s or higher degree in the specific field or its equivalent.
  2. Bachelor’s degree or higher: The worker must have completed a U.S. bachelor’s degree or its equivalent in the specific field related to the job.
Continue reading →
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The immigration law firm Zneimer & Zneimer is informing its clients and the public that the USCIS will open the H-1B registration period for the fiscal year 2024 H-1B cap at noon EST on March 1, 2023, until noon EST on March 17, 2023. During this period, prospective petitioners and representatives will be able to complete and submit their registrations using our online H-1B registration system.  The USCIS will “assign a confirmation number to each registration submitted for the FY 2024 H-1B cap. This number is used solely to track registrations”, states USCIS.  This number cannot be used to track case status.

Prospective H-1B cap-subject petitioners or their representatives are required to use a myUSCIS online account to register each beneficiary electronically for the selection process and pay the associated $10 H-1B registration fee for each registration submitted on behalf of each beneficiary. Prospective petitioners submitting their own registrations (U.S. employers and U.S. agents, collectively known as “registrants”) will use a “registrant” account. Registrants will be able to create new accounts beginning at noon Eastern on Feb. 21.

Representatives may add clients to their accounts at any time, but both representatives and registrants must wait until March 1 to enter beneficiary information and submit the registration with the $10 fee. Prospective petitioners or their representatives will be able to submit registrations for multiple beneficiaries in a single online session. Through the account, they will be able to prepare, edit, and store draft registrations prior to final payment and submission of each registration.

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The H-1B visa registration process for FY 2024 has not been announced yet.   The immigration lawyers of Zneimer & Zneimer PC are preparing for the registration period to ensure that our clients can successfully register their H-1B visa beneficiaries.  The U.S. Citizenship and Immigration Services (USCIS) typically opens the registration process for H-1B visas in the beginning of the year. The exact dates and details of the registration process are typically announced several weeks in advance by the USCIS. It is important to stay informed about the H-1B registration process and be prepared to submit your application as soon as the registration period opens.  We expect that USCIS will announce the registration process within the next couple of months.  Please complete and send us this H-1B Registration Form if you would like our help.

Employers who wish to sponsor an employee for an H-1B visa must create an H-1B registrant account on the USCIS website. This account allows employers to submit registrations for their employees during the H-1B registration period.

It is important for employers to stay informed about the H-1B registration process and ensure that they are following all requirements set by the USCIS. Following the USCIS’s announcements helps to ensure that the registration process runs smoothly and reduces the risk of errors or complications that could delay or prevent an employee from obtaining an H-1B visa.  To ensure compliance, employers should:

  • stay up-to-date with the latest information and changes to the H-1B registration process and requirements as announced by the USCIS.
  • review and understand the guidelines set by the USCIS for the H-1B registration process.
  • gather all required documents and information for the employee and the employer before the registration period opens.
  • double check all the information and documents for accuracy before submitting the registration.
  • consult with a qualified immigration attorney or a registered agent if in doubt.

By following these steps, employers can help ensure that their H-1B registration is complete and accurate, which will increase the chances of their employees being selected for the H-1B program.

The registrant account will require the employer to provide basic information about their company, including Employer Identification Number (EIN), company name, and contact information. Once the account is created, the employer can use it to register their employees for the H-1B visa program. It is important to note that creating an H-1B registrant account does not guarantee that an employee will be selected for the H-1B program. The number of H-1B visas available is limited and selected through a lottery system.

To ensure proper registration, we typically require the following information for H-1B registration: Continue reading →

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