H-1B Visa – Classic Rules vs. 2025 Changes

  • Oct 12, 2025
  • Washington, D.C.
  • Eren Legal

Classic Rules (Before Sept 21, 2025)

  • Sponsor Requirement: Must have a U.S. employer sponsor.
  • Application Fee: Standard USCIS filing fees.
  • Validity Period: 3 years + extension up to 6 years maximum.
  • Family Benefits: Spouse and children under 21 can join on H-4 visas.
  • Exemption: None.
  • Implementation: Ongoing, annual lottery (85,000 cap).

2025 Changes (Effective Sept 21, 2025 – Sept 21, 2026)

  • Sponsor Requirement: Still required, but now employers must also pay a $100,000 additional fee for new petitions.
  • Application Fee: Standard USCIS fee plus $100,000 employer payment (cannot be passed to employee).
  • Validity Period: Still 3 + 3 years (maximum 6 years).
  • Family Benefits: Same as before — H-4 visas for spouse and children under 21.
  • Exemption: Possible exemptions for "national interest" cases (details unclear).
  • Implementation: Applies only to new petitions filed after Sept 21, 2025, valid for 12 months (unless extended).

The core structure of H-1B has not changed (sponsorship, duration, family rights), but new petitions now require a one-time $100,000 employer payment, making the program more expensive and potentially limiting smaller companies from participating.