Trump 2025 H1B Disaster: $100,000 Filing Fee, 2026 Lottery Reform & Third-Party Crackdown

DOL Project Firewall: Trump’s War on H1B Heats Up

On September 19, 2025 (the effective date of the new Project Firewall rules and fee requirements), the U.S. Department of Labor (DOL) launched Project Firewall, a sweeping enforcement campaign targeting alleged abuse of the H-1B visa program. U.S. companies are now directly affected, facing unprecedented audits, penalties, a $100,000 payment (fee) required for H-1B visa applications, and inter-agency investigations.

The move marks a turning point in President Trump’s (President Donald Trump) renewed war on H-1B visas — raising the stakes for U.S. companies and foreign professionals alike.

 

What Is Project Firewall?

Project Firewall is a new H-1B enforcement initiative unveiled by the Department of Labor’s Wage and Hour Division (WHD). According to the official DOL press release, it is designed to “detect, deter, and prosecute” fraud and abuse in the H-1B program. The H-1B program was intended for foreign workers to perform additive, high-value functions and perform services that supplement, rather than replace, the existing U.S. workforce.

What makes Project Firewall different from prior crackdowns:

• Secretary-Certified Investigations – For the first time, under the Department’s existing authority, the Secretary of Labor can personally certify investigations without a worker complaint when there is reasonable cause to suspect violations.
• Data-Driven Oversight – Artificial intelligence and advanced analytics will flag suspicious wage filings, job codes, and worksite patterns.
• Cross-Agency Action – DOL will coordinate with USCIS, ICE, DOJ, and EEOC to conduct investigations in parallel.
• Aggressive Enforcement – Investigations are expected to result in higher fines, debarments, and even criminal referrals.

Project Firewall grants DOL unprecedented power to launch H-1B investigations proactively, even in the absence of a worker complaint.

 

Protecting American Interests

The Trump administration’s launch of Project Firewall marks a decisive move to protect the interests of highly skilled American workers and reinforce the nation’s economic dominance. By targeting abuse in the H-1B visa program, the administration aims to ensure that high skilled jobs and high skilled functions are filled by qualified Americans first, rather than being outsourced to lower paid, temporary foreign workers.

The Department of Labor, under the leadership of Secretary Lori Chavez-DeRemer, is spearheading this initiative, working closely with relevant government agencies—including the Department of Homeland Security, U.S. Citizenship and Immigration Services, the Equal Employment Opportunity Commission, and the Department of Justice—to maximize compliance and safeguard American jobs.

Launching Project Firewall is a direct response to longstanding concerns that the H-1B program has been deliberately exploited to bring temporary workers into roles that should be reserved for American workers. The new proclamation, which introduces a $100,000 fee requirement for new H-1B visa applications, is designed to deter misuse and ensure that only employers with a genuine need for high skilled talent participate in the program.

This fee, combined with rigorous enforcement, is intended to prevent the displacement of American workers by lower skilled, lower paid foreign labor, and to ensure that the most valuable resource—the American worker—remains at the center of the U.S. economy.

The Department of Homeland Security plays a pivotal role in this effort, with the authority to determine when H-1B hiring is in the national interest and does not compromise national security. In cases where bringing temporary workers is deemed essential for the national interest, the Secretary of Homeland Security may exempt certain companies or industries from the fee requirement. This targeted approach ensures that the H-1B program supports U.S. economic and security priorities, rather than undermining them.

To further protect American interests, the Department of Labor will begin rulemaking to revise prevailing wage levels, ensuring that H-1B workers are paid fairly and that American workers are not undercut by lower wage offers. The Wage and Hour Division will provide compliance assistance to employers, helping them understand and meet their obligations under federal law. Employers and workers can access resources and support through the Wage and Hour Division’s toll-free hotline, ensuring that questions about compliance, wages owed, and employment practices are addressed promptly.

Project Firewall’s success depends on robust coordination among federal partners. The Department of Labor will share information and collaborate with agencies like the Department of Justice and the EEOC to combat discrimination and enforce federal law.

Employers found to be in violation may face civil money penalties, be required to pay back wages, or be debarred from future participation in the H-1B program. These measures are designed to hold employers accountable, protect American workers, and ensure that the H-1B program is used to bring in only those temporary workers whose skills are truly needed for the national interest.

By prioritizing highly skilled American workers and enforcing strict compliance, the Trump administration is taking bold steps to reestablish economic dominance and promote national security. Project Firewall is not just about enforcement—it’s about ensuring that the H-1B program serves its intended purpose: to fill critical high skilled jobs when no qualified Americans are available, not to displace the nation’s most valuable resource. As the Department of Labor continues to lead Project Firewall, it remains committed to protecting American interests and building a more secure, prosperous future for all.

Why Did the DOL Launch Project Firewall Now?

1. Trump’s Political Context (2025–2026)

Project Firewall is not occurring in isolation. It reflects a central plank of President Trump’s second-term immigration agenda. From day one, Trump promised to “end foreign worker abuses” and redirect jobs to U.S. citizens. The administration emphasized that H-1B policies should not leave Americans without job opportunities, aiming to ensure domestic workers are not disadvantaged by foreign visa programs.

By late 2025, several measures converged:

• September 19, 2025: Launch of Project Firewall and announcement of a $100,000 H-1B filing fee.
• September 2025 Proclamations: Restrictions on H-1B travel and reentry.
• Ongoing “Operation At-Large” targeting undocumented immigrants, which set the stage for wider worksite enforcement.

2. Longstanding Concerns About Abuse

Reports from the GAO and other oversight bodies raised concerns about:

• Wage underpayment relative to prevailing wage levels
• Outsourcing and third-party placements
• Workers being “benched” without pay between projects
• Critics argue that the H-1B program has sometimes been used to replace American workers with lower skilled labor, contrary to its original intent

3. Pressure from Political Allies

Labor unions and congressional allies have long lobbied for stronger oversight of H-1B employers. Trump seized this momentum to justify aggressive reform.

How Does Project Firewall Work?

Project Firewall uses a layered enforcement model to ensure that highly skilled jobs are protected for qualified Americans:

1. Investigations and Subpoenas – DOL can demand payroll records, LCAs, contracts, and employee rosters.
2. Audits and Site Visits – Inspectors may appear at employer worksites to interview H-1B employees and supervisors.
3. Analytics and AI – Algorithms compare wage levels against industry and geographic benchmarks to detect anomalies.
4. Cross-Agency Referrals – USCIS denials or EEOC discrimination claims may trigger parallel DOL action, and some enforcement actions may depend on what homeland security determines regarding national interest or security exceptions.
5. DOJ Referrals – Severe or willful fraud cases are referred to the Department of Justice.

Project Firewall blends traditional audits with cutting-edge AI analytics and cross-agency coordination to root out H-1B violations.

Scope of Enforcement

According to analyses by Holland & Knight and Stinson LLP:

• Industries: Tech, IT services, outsourcing, engineering, and consulting firms are priority targets.
• Violations: Wage underpayment, misclassification, failure to pay during nonproductive time, inaccurate LCA postings, and improper third-party placement.
• Geography: Nationwide, but concentrated in hubs like Silicon Valley, Seattle, Dallas, and New Jersey.
• Scale: Hundreds of audits expected in late 2025, with thousands more in 2026.

 

Rights of Employers During Project Firewall

Employers under investigation retain important rights:

• Notice of Allegations – Employers must be informed of the scope of violations under review.
• Right to Counsel – Employers can retain attorneys to handle audits and interviews.
• Opportunity to Cure – Some errors may be corrected without penalty if resolved promptly.
• Appeal Process – Decisions can be appealed to the Office of Administrative Law Judges and, ultimately, federal courts.

 

Rights of H-1B Workers

For H-1B employees caught in the crossfire, rights are equally critical:

• Right to Full Wages – Workers must be paid even during nonproductive time, as required by the LCA rules.
• Whistleblower Protections – Workers reporting violations are protected from retaliation
• Portability Rights – Workers may transfer their H-1B to a new employer if their sponsor is penalized
• Grace Periods – If terminated, workers generally have 60 days to find new employment.

 

 

Penalties Under Project Firewall

Penalties are steep and wide-ranging:

Violation	Penalty	Authority
Failure to pay required wages	Back wages owed to workers	DOL Wage & Hour Division
LCA misrepresentation	$1,000 – $35,000 per violation	DOL WHD
Failure to maintain public access file	Civil fines (varies)	DOL WHD
Retaliation against whistleblowers	Fines + reinstatement	DOL statutes
Willful violation	Debarment up to 3 years	8 U.S.C. §1182(n)
Fraud or misrepresentation	DOJ criminal prosecution	DOJ

See DOL penalty guidelines.

Project Firewall penalties include fines up to $35,000 per violation, back wages, debarment, and potential DOJ prosecution.

 

 

 

 

Comparison with Past Investigations

Project Firewall is the most aggressive H-1B enforcement campaign ever:

• 2009–2016: USCIS Fraud Detection and National Security (FDNS) site visits.
• 2017–2020 (Trump 1.0): “Buy American, Hire American” executive orders.
• 2021–2024 (Biden): Focus on modernization and legal challenges slowed enforcement.
• 2025 (Trump 2.0): Project Firewall — far broader, AI-driven, and politically endorsed at the highest level.

 

The Trump Administration’s War on H-1B

Project Firewall is the sharpest spear point in Trump’s broader anti-H-1B campaign:

• Rhetoric: Trump has repeatedly labeled H-1B visas as “cheap labor” harming U.S. workers.
• Policy: Beyond Project Firewall, new rules include:
  • The $100,000 H-1B filing fee
  • H-1B entry and reentry restrictions
  • Proposals to eliminate H-4 EADs for spouses
• Goal: Reduce reliance on foreign labor, increase American hiring, and use enforcement as a deterrent.

Critics argue this “war” undermines U.S. innovation, hurts global competitiveness, and drives talent elsewhere. Supporters claim it restores fairness to U.S. workers.

 

Practical Steps for Employers

Employers can mitigate risk by:

1. Conducting internal audits of LCAs and payroll records.
2. Training HR managers on compliance obligations.
3. Engaging experienced counsel for proactive strategies.
4. Preparing for site visits with clear documentation.
5. Creating whistleblower channels to catch problems early.

FAQs on DOL’s Project Firewall and Trump’s War on H-1B Visas

What is Project Firewall?
Project Firewall is a Department of Labor enforcement initiative launched on September 19, 2025, to investigate fraud, wage violations, and abuse in the H-1B visa program. It expands the DOL’s authority to initiate investigations without worker complaints and introduces new data-driven, cross-agency audits.

Why did the Department of Labor launch Project Firewall?
The initiative reflects President Trump’s second-term immigration strategy to restrict H-1B visas. It was launched in response to concerns about wage underpayment, outsourcing, and worker benching, as well as pressure from Congress and labor groups demanding stricter enforcement.

How does Project Firewall work?
Project Firewall relies on audits, subpoenas, AI-driven data analysis, and coordination with USCIS, ICE, DOJ, and EEOC. It allows the Secretary of Labor to directly authorize investigations, even if no complaint has been filed.

What types of violations does Project Firewall target?
The DOL is focusing on:

• Underpayment of wages below prevailing wage levels
• Misrepresentation of job titles, locations, and wages on LCAs
• Benching practices where H-1B workers go unpaid between assignments
• Improper third-party placements without documentation
• Failure to maintain required public access files

What penalties can employers face under Project Firewall?
Penalties include repayment of back wages, civil fines ranging from $1,000 to $35,000 per violation, debarment from the H-1B program for up to three years, and possible referral to the Department of Justice for criminal prosecution in cases of fraud.

Do employers have rights during Project Firewall investigations?
Yes. Employers are entitled to written notice of allegations, representation by legal counsel, opportunities to correct errors, and appeals through the Office of Administrative Law Judges and federal courts.

What rights do H-1B workers have if their employer is investigated?
H-1B employees are entitled to full wages, including during nonproductive time. They are protected against retaliation when reporting violations, have portability rights to transfer to another employer, and benefit from a 60-day grace period to seek new employment if terminated.

How is Project Firewall different from previous H-1B crackdowns?
While previous enforcement campaigns included random site visits and fraud detection programs, Project Firewall is broader. It uses AI analytics, inter-agency coordination, and the Secretary of Labor’s direct authority to initiate investigations proactively.

What is Trump’s overall stance on the H-1B program?
President Trump has long criticized H-1B visas as a “cheap labor” program. His administration has paired Project Firewall with other measures like the $100,000 H-1B filing fee, reentry restrictions, and proposals to end work permits for H-4 spouses.

How does Project Firewall fit into Trump’s broader war on H-1Bs?
Project Firewall is the centerpiece of a broader campaign to deter employers from sponsoring foreign workers. Together with new fees, travel bans, and stricter eligibility rules, it signals the most aggressive anti-H-1B posture in U.S. history.

Can H-1B workers be deported if their employer is penalized under Project Firewall?
If an employer is sanctioned, workers may lose status if they cannot quickly secure new sponsorship. However, portability provisions and grace periods offer workers opportunities to remain in lawful status while transitioning to a new employer.

What should employers do to prepare for Project Firewall investigations?
Employers should conduct internal audits of payroll and LCAs, train HR teams, engage immigration counsel, and establish compliance programs. Preparing for site visits and maintaining accurate records is essential.

Will Project Firewall reduce the number of H-1B filings?
Yes. The $100,000 filing fee, combined with the risk of audits and penalties, is expected to deter many small and mid-sized employers from filing new H-1B petitions, leading to a decline in applications.

Are lawsuits expected to challenge Project Firewall?
Legal challenges are anticipated, especially regarding the Secretary’s power to certify investigations without complaints. Employers and industry groups may argue that Project Firewall exceeds statutory authority and violates due process.

What industries are most at risk under Project Firewall?
Technology, IT services, consulting, and engineering firms face the highest scrutiny because of their reliance on H-1B workers and frequent use of third-party placement models.

How will Project Firewall affect U.S. competitiveness?
Critics argue that the crackdown will make it harder for U.S. companies to recruit global talent, harming innovation and economic growth. Supporters counter that it will create fairer labor markets for U.S. workers.

What role do whistleblowers play in Project Firewall investigations?
Whistleblowers are a key enforcement trigger. Workers who report wage violations, misclassification, or fraud can initiate investigations, and they are legally protected from retaliation by their employers.

What is the connection between Project Firewall and the $100,000 H-1B filing fee?
Both measures were announced on the same day and form part of the administration’s deterrence strategy. The fee aims to reduce filings, while Project Firewall ensures stricter oversight of those who do file.

Can employers still sponsor H-1B visas under Project Firewall?
Yes, but the compliance burden and risks are significantly higher. Employers must be prepared for detailed recordkeeping, audits, and possible public exposure if violations are found.

What is the long-term future of H-1B visas under Trump’s policies?
Unless challenged in court or reversed by a future administration, H-1B visas will likely become costlier, riskier, and less attractive for employers. For foreign professionals, opportunities may shrink, and competition for sponsorship may intensify.

 

 

Protect Your Future in the Age of Project Firewall

If you are an H-1B professional fearing retaliation or loss of status, or an employer worried about sudden DOL audits, penalties, and investigations under Project Firewall, you are not alone. The Trump administration has launched the most aggressive war on H-1Bs in U.S. history, combining massive filing fees, restrictive entry rules, and sweeping Department of Labor investigations.

These changes are not just headlines — they directly affect your career, your business, and your family’s future in the United States. Every mistake in compliance, every delay in action, could mean fines, debarment, or the loss of lawful status.

That’s why you need a trusted, experienced advocate at your side. Attorney Richard T. Herman, co-author of Immigrant, Inc., has spent more than 30 years fighting for immigrants and employers across the nation. He and the Herman Legal Group understand the fear and uncertainty caused by Project Firewall and know how to build proactive strategies to protect you.

📞 Call 1-800-808-4013 today or schedule a confidential consultation online. Don’t wait until an investigation notice or penalty arrives. Take control now, safeguard your future, and put a nationally recognized immigration lawyer on your side.

 

 

Resource List: DOL Project Firewall & Trump’s H-1B Crackdown

Government Agencies & Programs

• U.S. Department of Labor – H-1B Program – Official rules, compliance requirements, and FAQs for H-1B employers and workers.
• DOL Newsroom – Press Releases – Announcements including the September 19, 2025 launch of Project Firewall.
• Office of Administrative Law Judges (OALJ) – Appeals process for DOL enforcement decisions.
• Whistleblower Protection Program (DOL) – Protections for workers who report employer violations.
• USCIS Policy Manual – Comprehensive regulations and policy interpretations.
• DOJ Civil Rights Division – Employment Section – Investigations of discriminatory hiring or employment practices.
• ICE – Worksite Enforcement – Employer investigations and compliance operations.
• EEOC – Guidance and Laws – Retaliation and discrimination protections relevant to H-1B workers.
• GAO Reports on H-1B and Skilled Immigration – Oversight audits and program reviews.
• Federal Register – Immigration Notices – Rules and policy changes published by the government.

 

Professional Associations & Policy Groups

• American Immigration Lawyers Association (AILA) – Legal resources and practice updates on H-1B and DOL enforcement.
• National Immigration Forum – Advocacy for immigrants and high-skilled labor.
• American Immigration Council (Immigration Policy Center) – Policy analysis and legal research.
• Migration Policy Institute (MPI) – Nonpartisan immigration research, including high-skilled worker programs.
• National Foundation for American Policy (NFAP) – Data-driven studies on H-1B visas and economic impacts.
• Bipartisan Policy Center – Immigration Initiative – Research on bipartisan immigration reform proposals.
• CompTIA – Public Advocacy – Tech industry advocacy on high-skilled immigration.
• Information Technology Industry Council (ITI) – Policy stances of tech companies on H-1B and skilled labor.
• National Employment Lawyers Association (NELA) – Worker-side legal advocacy including immigrant worker rights.
• ABA – Section of Labor and Employment Law – Professional resources for attorneys handling employment and immigration compliance.

Trump’s H-1B Entry Ban & $100,000: President’s New Fee Requirement and What You Need to Know

9/22/2025 UPDATE:  H1B $100,000 Filing Fee

Trump’s $100K H‑1B Fee: USCIS Clarifies Who Pays and Who’s Exempt

The U.S. Citizenship and Immigration Services (USCIS) has issued new guidance following President Trump’s September 19, 2025 proclamation imposing a $100,000 fee on new H‑1B visa petitions.

This has sparked widespread concern among employers, international professionals, and policy analysts. However, USCIS has now clarified key details, confirming who must pay—and who is exempt—from this unprecedented visa cost.

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What Is the $100,000 H‑1B Fee?

The new order, titled “Restriction on Entry of Certain Nonimmigrant Workers”, imposes a $100,000 filing fee on certain new H‑1B petitions starting September 21, 2025 at 12:01 a.m. ET.

“This is not an annual fee,” emphasized White House Press Secretary Karoline Leavitt. “It’s a one-time petition fee, and it does not affect those already holding H‑1B status.”

Who Does the New H‑1B Fee Apply To?

The proclamation applies only to a specific set of cases. Here’s what you need to know:

The fee applies to:

• New H‑1B petitions filed on or after September 21, 2025

• Individuals not currently holding valid H‑1B status

• Petitions for initial H‑1B status or re-entry from abroad

• Filings submitted without a national interest waiver

The fee does not apply to:

• Petitions filed before September 21, 2025
  (USCIS clarification on X)

• Current H‑1B visa holders, regardless of location

• Renewals, amendments, or extensions of H‑1B status

• Travel or re-entry for individuals with valid H‑1B visas

Proclamation Summary

The September 19 proclamation was issued under sections 212(f) and 215(a) of the Immigration and Nationality Act, granting the president broad authority to restrict noncitizen entry.

The core language of the proclamation states:

“…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)… is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000.”

You can read the full official document on the White House website.

Key Clarifications from USCIS

USCIS quickly followed the proclamation with clarifying statements, including:

• The new fee only applies to petitions not yet filed by the effective date.

• Existing approved petitions and current H‑1B holders are unaffected.

• Re-entry for visa holders outside the U.S. is not impacted.

• The fee is not annual, but one-time and tied to the petition, not to the individual.

Official USCIS guidance was posted directly on their X (Twitter) account and USCIS Newsroom.

Visual Guide: Who Pays and Who Doesn’t

To help clarify the impact, refer to this downloadable Before vs. After chart (JPEG), highlighting categories affected by the new rule.

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Timeline of Events

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Outstanding Questions and Concerns

While the proclamation and USCIS statements have clarified much, several grey areas remain:

• Who qualifies for a national interest waiver?
  The proclamation allows for waivers but doesn’t define specific standards. DHS may release criteria later.

• How will the fee be processed?
  No details yet on logistics—will it be part of Form I-129 or a separate transaction?

• What about portability (change of employer)?
  The rule’s impact on H‑1B job changes remains unclear, though likely exempt if visa status is continuous.

• Could litigation challenge the proclamation?
  Legal challenges from industry or civil rights groups are possible but not confirmed.

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FAQs: H‑1B $100,000 Petition Fee

Is this a recurring or annual fee?
No. This is a one-time petition fee, not an annual cost.

Does it apply to current H‑1B visa holders?
No. Anyone already in H‑1B status is exempt, including those temporarily outside the U.S.

Can employers or employees appeal the fee?
Only if they qualify for a national interest waiver, which has yet to be fully defined.

What if my petition was already filed before Sept 21?
You’re safe. The new fee does not apply retroactively.

Does this affect other visa categories like L-1 or O-1?
No, the fee is specific to H‑1B petitions.

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Strategic Takeaways for Employers and Petitioners

Employers:

• Reassess hiring timelines to submit petitions before the effective date.

• Budget for increased costs if hiring foreign workers post-September 21.

• Consult with immigration counsel to explore waiver possibilities.

Employees:

• Ensure H‑1B petitions are filed early to avoid the fee.

• Avoid international travel near the cutoff date if petition is pending.

• Stay informed on future USCIS guidance and possible fee processing updates.

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Why This Matters

The H‑1B program is a cornerstone of U.S. tech and STEM employment. A six-figure filing fee may act as a barrier to entry for smaller companies, startups, and academic institutions who rely on international talent.

According to the Congressional Research Service, more than 300,000 H‑1B workers currently reside in the U.S., many in high-demand fields like AI, biotech, and software engineering.

This proclamation represents the most financially aggressive immigration fee ever imposed on a single visa category.

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Conclusion

The $100,000 H‑1B petition fee introduces a seismic shift in U.S. immigration policy—but clarifications from USCIS have ensured that existing visa holders and in-process applicants are protected.

As the dust settles, businesses and workers alike must stay agile, well-informed, and ready for further updates as implementation unfolds.

On September 19, 2025, President Donald Trump signed a proclamation that places a significant restriction on the entry of H-1B visa holders into the United States. President Trump and the Trump administration are the driving force behind this policy. The policy was enacted through an executive order and announced by the Commerce Secretary, with administration officials providing statements to explain the rationale behind the new measures. Starting on September 21, 2025, foreign nationals who are entering the U.S. under the H-1B visa program must ensure that their employer has paid a $100,000 fee in order to gain entry. The technology sector and American companies rely heavily on H-1B visas to attract highly skilled workers, and this policy could impact the U.S. innovation edge. All the big companies and big companies in the tech industry are closely watching the policy’s effects and have expressed concerns about the new requirements. This move comes with significant implications for employers, workers, and the overall H-1B program.

 

THE FOLLOWING WAS PUBLISHED ON 9/202/2025

 

It is expected that there will be federal court litigation challenging this proclamation.  We will keep you updated.

For now, here’s a breakdown of what this means for you.

Key Highlights of the Proclamation

• Effective Date: The entry ban and fee requirement go into effect on September 21, 2025, at 12:01 am EDT (Eastern Daylight Time).
• $100,000 Fee Requirement: Employers must pay a $100,000 fee for any H-1B employees seeking entry into the U.S.
• Exceptions: The Department of Homeland Security (DHS) can grant exceptions for foreign nationals who are found to be working in the national interest or whose entry does not pose a threat to U.S. national security or welfare.
• 12-Month Duration: The entry ban is initially set for 12 months but could be extended based on recommendations from federal immigration agencies.

Which Foreign Nationals Are Affected?

The new proclamation applies to all foreign nationals seeking to enter the United States to work under the H-1B program after the effective date. This restriction will also apply to new H-1B visa applicants, including those whose petitions are in progress or pending approval. Notably, the new $100,000 fee represents a significant increase over the current system of visa fees, which previously required only smaller payments from companies seeking to hire foreign talent.

Specifically:

• New H-1B Petitions: Any new or pending H-1B petition for foreign nationals applying for a U.S. visa must be accompanied by the $100,000 fee to be considered valid. These new fees apply to all companies seeking to sponsor H-1B workers, marking a substantial change from the previous visa fee structure.
• Approved Petitions Before September 21, 2025: The proclamation raises questions about whether those with H-1B petitions or visas approved before the effective date are impacted. While the proclamation is clear in its wording, there are discrepancies when compared to the accompanying White House fact sheet. Until further clarification, employers should act according to the proclamation.

What Happens if the $100,000 Fee Isn’t Paid?

If the $100,000 fee is not paid, foreign nationals with an approved H-1B petition will not be allowed to enter the United States. Employers may also face subsequent fees during the application process, further increasing the financial burden. Furthermore, the Department of Homeland Security (DHS) is instructed to suspend decisions on H-1B petitions for those outside the U.S. who have not paid the fee. The Secretary of State will also withhold approval for H-1B visa applications unless the fee is paid, and immigration services will be responsible for verifying payment before processing H-1B applications.

National Interest Exceptions: Who Qualifies?

The proclamation allows DHS to grant exceptions to the entry ban under specific circumstances. These exceptions can be made for:

• Individual Foreign Nationals: If it is determined that their employment is in the national interest and does not threaten U.S. security or welfare.
• Specific Employers or Industries: DHS can also grant exemptions for foreign nationals working for certain employers or in industries that are critical to the U.S. economy, security, or other national priorities. Exceptions may be granted to support keeping firms competitive, filling talent gaps, and recognizing that highly skilled workers are essential for economic growth and innovation. Attracting the world’s smartest talent is critical for maintaining US leadership in technology and science.

However, DHS has yet to establish a formal process for applying for these exceptions, so further guidance is expected.

Potential Changes to Employment-Based Nonimmigrant Rules

The proclamation also signals potential changes to the way employment-based visas, including the H-1B, will be regulated. According to a senior official involved in immigration policy, these new rules and the updated fee structure are part of a broader effort to reform the visa system. Previously, H-1B applications required only a small fee, but under the new rules, a new fee of $100,000 may be implemented, representing a significant shift in policy. This move follows Trump’s threat to impose a $100,000 annual fee on H-1B visas, highlighting the administration’s intent to overhaul the program and its impact on the tech industry.

1. H-1B Visa Quotas: DHS is set to implement a weighted system for prioritizing H-1B petitions. This system will likely favor higher-paying roles and more qualified foreign nationals. Additionally, higher paying employers may be prioritized under the new rules.
2. Changes to the Prevailing Wage System: The Department of Labor (DOL) is expected to propose changes to the H-1B prevailing wage system. These changes may include raising wage thresholds, which would significantly impact employers and visa applicants.

These changes are part of an ongoing push to restrict the flow of lower-paid foreign workers and ensure that higher-paying, more skilled positions are prioritized.

What Should H-1B Employers and Employees Do Now?

Given the uncertainty surrounding the new entry ban, employers and H-1B foreign nationals should take the following steps to minimize disruptions:

1. Return to the U.S. Before September 21: If you are currently outside the U.S. with an approved H-1B petition and visa, make arrangements to return before the effective date to avoid the entry ban.
2. Postpone Foreign Travel: If you are an H-1B visa holder planning to travel outside the U.S. after September 21, 2025, hold off on your travel plans until the full scope of the entry ban is clarified. If travel is unavoidable, be prepared for significant delays upon reentry.
3. Stay Informed: Both employers and foreign nationals should monitor legal updates closely. It’s expected that litigation will challenge the entry ban, and court rulings could change the situation quickly.
4. Consider Domestic Hiring and Training: Employers may want to focus on efforts to train Americans and recent graduates from U.S. universities, and prioritize strategies to hire Americans in response to the new restrictions.

B-1/B-2 Visa and H-1B Workers

The proclamation also touches upon the misuse of B-1/B-2 visas by prospective H-1B workers. The B-1/B-2 visa allows foreign nationals to enter the U.S. for business or tourism. However, some H-1B workers may attempt to enter as tourists while waiting for their H-1B status to be processed. In addition, some employers require temporary foreign workers to sign nondisclosure agreements, which can limit their ability to report abuses or discuss employment conditions.

The proclamation directs the Secretary of State to issue guidance that prevents individuals with an approved H-1B petition from misusing the B visa. This could mean heightened scrutiny for those entering the U.S. under the Visa Waiver Program (VWP) or applying for a B visa while waiting for H-1B approval, including closer examination of the use of nondisclosure agreements in the context of visa compliance.

What’s Next for H-1B Workers?

H-1B visa workers will need to navigate several changes in how the U.S. will process and prioritize their petitions:

• New Rulemaking: The Department of Homeland Security is working on new rules that will affect H-1B petitions and other employment-based visas. This may include prioritizing workers in higher-paying jobs or those who meet certain education or skill level requirements. The new rules are intended to address talent gaps and fill jobs in critical sectors, but may also make it harder to fill occupational shortages if qualified domestic workers are not available.
• Prevailing Wage Changes: The Department of Labor (DOL) may propose changes to how H-1B prevailing wages are calculated. This could make it harder for some employers to afford to sponsor foreign workers, particularly those in lower-wage fields. These changes could impact technology workers and tech workers by altering the supply of skilled labor, potentially affecting the ability to fill occupational shortages in the tech industry.

What Employers and Employees Should Do Next

Until more guidance is available, here’s a summary of actions to take:

1. Plan Travel Carefully: Employers should inform employees planning international travel to delay trips until the situation is clarified.
2. Review H-1B Petitions: Employers should ensure that their H-1B petitions are compliant with the new proclamation, especially regarding the $100,000 fee.
3. Monitor Legal Challenges: Legal challenges to the proclamation are expected. Employers and employees should stay updated on any changes, especially in response to court decisions.
4. Consult an Immigration Attorney: If you have concerns or need to understand how this new rule will affect you or your company, contact an immigration attorney for personalized advice.

This policy is intended to protect American workers, improve American workers’ wages, and address concerns raised by American IT workers about job displacement.

Here is our checklist for employers and employees:

Complete FAQ Guide: President Trump’s H-1B Entry Ban and $100,000 Fee Requirement: (September 2025)

Starting September 21, 2025, President Trump’s proclamation bans H-1B visa workers from entering the U.S. unless their employer pays a $100,000 fee per worker. The policy applies to new, pending, and existing H-1B petitions. Exceptions may be granted if the Department of Homeland Security (DHS) determines the employment is in the national interest.

The U.S. technology sector relies heavily on legal immigration pathways like the H-1B program to attract highly skilled foreign workers, who are essential for innovation and competitiveness.

This guide provides an in-depth look at the ban, the fee, its impact, and what employers and employees need to know right now.

At a Glance

• Effective Date: September 21, 2025 (12:01 a.m. EDT).
• Requirement: $100,000 fee for each H-1B worker entering the U.S.
• Applies To: New, pending, and approved H-1B petitions.
• Duration: 12 months, with possible extension.
• Exceptions: Allowed for individuals, employers, or industries in the national interest.
• Enforcement: DHS and State Department instructed to block approvals without fee verification.

FAQ Section 1: Understanding the Ban

What is the H-1B entry ban and fee requirement?It’s a presidential proclamation signed on September 19, 2025, requiring employers to pay $100,000 for each H-1B worker seeking entry. The ban was announced by the US president from the Oval Office as part of the Trump administration’s broader immigration policy. Without payment, workers cannot be admitted, and petitions or visas may be suspended or denied.

Who is covered under this rule?

• Any foreign national entering under an H-1B visa after September 21, 2025.
• Workers with new petitions, pending cases, or previously approved visas.

Does it affect people already inside the U.S. on H-1B?No. Workers already inside the U.S. are not barred. But travel outside the U.S. after the effective date risks denial of reentry unless the fee is paid.

FAQ Section 2: The $100,000 Fee

Why is there a $100,000 fee for H-1B entries?The administration argues the fee offsets what it calls “economic displacement” caused by foreign workers and discourages reliance on lower-paid H-1B hires. However, this fee is far higher than the several thousand dollars previously required for H-1B applications, and risks taxing companies—especially smaller firms—while it creates disincentive for hiring foreign talent. The new fee could hit smaller tech firms especially hard, making it more difficult for them to compete for international talent. Smaller tech firms may struggle to absorb the increased costs compared to larger corporations.

Who must pay the fee?

• The employer sponsoring the H-1B worker.
• Payment cannot be shifted to the employee under existing labor rules.

What happens if the fee is not paid?

• USCIS will suspend the petition.
• DOS will deny the visa.
• The worker will be denied entry at ports of entry.

How will the fee be paid and verified?Procedures are pending. DHS and DOS are instructed to establish verification before approvals.

FAQ Section 3: Exceptions and Waivers

What are national interest exceptions?DHS can grant exemptions if:

• The worker’s employment is in the U.S. national interest.
• The worker does not pose a threat to U.S. security or welfare.

Who can get exceptions?

• Individuals with critical skills.
• Employers in essential industries.
• Entire industries, such as healthcare, cybersecurity, or defense.

Exceptions may be necessary to obtain highly skilled workers, attract the world’s smartest talent, and ensure the U.S. continues to draw the best talent globally.

How do employers apply for exceptions?DHS has not yet issued guidance. Employers should monitor official DHS announcements for application procedures.

FAQ Section 4: Travel and Timing

What should H-1B workers abroad do?

• Return before September 21, 2025 if possible. The ban could impact overall STEM employment, including recent graduates from great universities who are seeking to begin their careers in the U.S.
• If unable, await further DHS guidance or court rulings.

What if an H-1B worker travels after September 21?They may not be allowed reentry unless their employer pays the fee. This restriction could also affect stem employment opportunities for both foreign and domestic workers.

How long will the ban last?Initially 12 months, but it can be extended and may affect FY 2027 H-1B cap beneficiaries.

FAQ Section 5: Broader Impacts

How does this affect B-1/B-2 visa holders with H-1B petitions?The State Department has been directed to prevent misuse of B visas. Applicants with pending or approved H-1Bs may face heightened scrutiny when seeking B visas or Visa Waiver entry.

What industries are most impacted?

• IT consulting and outsourcing firms, which file high volumes of H-1B petitions.
• Healthcare providers relying on foreign physicians.
• Startups and mid-sized companies unable to afford the $100,000 fee.
• The tech industry has contributed millions to advocacy efforts and is exploring alternatives such as gold card programs in other countries.

Could this lead to more offshoring?Yes. Employers may increasingly keep roles overseas instead of paying the fee, potentially shifting U.S. jobs abroad. The new fee could force companies to move high value work overseas, especially in technology and AI, to manage costs and maintain competitiveness.

FAQ Section 6: Legal Challenges

Is the proclamation legally binding?Yes, unless blocked by a federal court. Presidential proclamations carry the force of law.

Are lawsuits expected?Yes. Immigration advocacy groups and business coalitions are preparing challenges. Possible claims:

• Violation of the Immigration and Nationality Act (INA).
• Improper taxation without congressional approval.
• Harm to U.S. businesses and innovation.

Analysts suggested the policy could have long-term negative effects on U.S. innovation, with eMarketer analyst Jeremy Goldman highlighting potential risks to the tech sector.

Could courts pause implementation?Yes. Federal courts may issue injunctions that temporarily suspend enforcement.

FAQ Section 7: Future of the H-1B Program

Will there be changes to the H-1B lottery?Yes. DHS is instructed to propose a weighted lottery favoring high-paid, highly qualified workers. Future changes are likely to focus on attracting highly skilled workers, as these skilled workers are essential for maintaining U.S. competitiveness and innovation.

What about H-1B wages?DOL may introduce rules raising prevailing wage levels. A prior attempt in 2020 was blocked in court, but new proposals may be crafted to survive legal challenges.

Could this affect other visa categories?Not directly yet. But DHS has authority to explore changes across employment-based nonimmigrant visas (such as L-1 or O-1).

FAQ Section 8: Employer and Worker Action Plan

What should employers do right now?

• Urge H-1B workers abroad to return before September 21.
• Pause non-essential foreign travel for current H-1B employees.
• Budget for the possibility of the $100,000 fee.
• Track DHS and court updates daily.
• Consult legal counsel for strategies and exceptions.

What should employees do right now?

• Enter the U.S. before the ban starts, if possible.
• Postpone foreign travel until the situation stabilizes.
• Stay informed on litigation outcomes and policy updates.
• Consult with an immigration lawyer to assess risks.

FAQ Section 9: Long-Term Questions

Could the fee become permanent?Yes. Although the current ban is for 12 months, extensions or congressional codification could make it permanent.

Will this affect the FY 2026 and FY 2027 H-1B cap?Yes. Workers selected in FY 2026 or FY 2027 may face additional hurdles if the fee requirement is extended.

What alternatives exist if employers cannot pay?

• Remote overseas employment.
• Other visa categories (O-1 for extraordinary ability, TN for Canadian/Mexican professionals, etc.). Companies seeking to hire foreign talent through these alternatives should be aware that subsequent fees and additional hurdles may apply, potentially increasing the financial burden.
• Exploring permanent residency (green card) sponsorship if eligible.

Conclusion

President Trump’s H-1B entry ban and $100,000 fee requirement represents one of the most sweeping restrictions ever placed on the H-1B program. The rule dramatically increases employer costs, creates uncertainty for foreign professionals, and could shift jobs overseas.

Employers and workers should:

• Act quickly before September 21, 2025.
• Stay informed about court challenges and DHS guidance.
• Seek legal advice to explore compliance, exceptions, and long-term strategies.

Need Help Navigating Trump’s H-1B Travel Ban? Contact Attorney Richard T. Herman Today

If you or your company is affected by President Trump’s September 19, 2025 H-1B entry ban and $100,000 fee requirement, you cannot afford to wait. The rules are complex, exceptions are unclear, and the risks of making the wrong move are enormous. Employers could face blocked petitions, delayed projects, or the loss of top talent. Foreign professionals risk being stranded abroad, denied entry, or forced into career-altering disruptions.

That’s why you need an experienced immigration lawyer who understands both the law and the strategy behind it.

Attorney Richard T. Herman, founder of the Herman Legal Group, has more than 30 years of experience helping employers and immigrants navigate sudden immigration shifts. He and his multilingual team are prepared to:

• Analyze whether your case may qualify for a national interest exception.
• Advise employers on whether and how to comply with the $100,000 H-1B fee.
• Protect employees at risk of being denied entry at U.S. borders.
• Provide real-time updates on litigation and policy changes that could affect your case.
• Offer tailored solutions, from compliance strategies to exploring alternative visas.

Immigration law is changing fast, and every decision matters. Don’t risk your future or your business on guesswork. Get trusted, professional guidance from one of America’s leading immigration attorneys.

👉 Schedule your confidential consultation now:

• 📞 Call the Herman Legal Group at 1-800-808-4013
• 🌐 Book online: https://www.lawfirm4immigrants.com/book-consultation/

Consultations are available by phone, Zoom, Skype, or in-office. Services are offered in multiple languages to meet the needs of global professionals.

Don’t wait. Get the answers you need today, and protect your H-1B future.

 

 

 H-1B Entry Ban (Sept. 19, 2025) — Government & Association Resources

A. Government Sources (Primary / Official)

White House (Proclamation & Fact Sheet)

• Presidential Proclamation: Restriction on Entry of Certain Nonimmigrant Workers (9/19/25)
• White House Fact Sheet: Suspension of Entry of Certain Nonimmigrant Workers

Department of Homeland Security (DHS) / USCIS

• USCIS – H-1B Specialty Occupations Program Overview
• USCIS Newsroom – Latest Alerts and Updates
• Federal Register – Modernizing H-1B Requirements (Final Rule; effective Jan. 17, 2025)
• USCIS Alert – H-1B Final Rule & Revised Form I-129 (effective Jan. 17, 2025)

Department of State (DOS)

• U.S. Visas – Department of State Visa Services
• Visa Reciprocity Tables by Country

U.S. Customs and Border Protection (CBP)

• CBP – I-94 Arrival/Departure Records
• CBP – Arrival/Departure Forms: I-94 and I-94W

Federal Rulemaking & Planning (Context)

• Federal Unified Regulatory Agenda

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B. Professional Associations & Coalitions (Practice Alerts & Employer Guidance)

American Immigration Lawyers Association (AILA)

• AILA Policy Briefs on H-1B Issues

U.S. Chamber of Commerce

• U.S. Chamber – Immigration Policy Hub

Tech Industry Coalitions

• TechNet – Immigration Policy Principles

Society for Human Resource Management (SHRM)

• SHRM – Immigration & Global HR Resources

Higher Education / International Mobility (NAFSA)

• NAFSA – International Student & Scholar Policy Updates

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How to Use This List

1. Start with the White House links for proclamation text and official intent.
2. Check USCIS/DHS updates for implementation mechanics (fee verification, exception process).
3. Verify visa adjudications and travel entry rules via DOS and CBP.
4. Monitor associations like AILA, SHRM, and TechNet for practice alerts and litigation updates.
5. Track rulemaking Federal Register for interim guidance.

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Can I Get a Green Card By Marrying a Green Card Holder?

H1B for Consultant: Requirements, Data, Processing

If you are about to apply for an H1B visa as a consultant, then knowing basic information and familiarizing yourself with the application process will help you navigate the waters of the US legal and immigration system much more easily.

Knowing what the H1B visa is and who it is destined for is the first step in aiming at obtaining a positive outcome. It is a non-immigrant visa type, used by U.S based companies or employers that offer specialty occupation vacancies to foreign nationals and wish to bring them to the United States.

However, there are certain employer-employee standards and requirements that must be satisfied in order to qualify for the H1B visa and of course, the job vacancy itself must be listed among the specialty occupations, in this case, consultants are included. Keep reading to find out more details.

H1B visa for Consultant entry requirements

Applying for an H1B visa as a consultant involves several procedures and requirements, which we have listed below. First of all, having a valid consultancy job offer that meets the specialty occupation standards from a U.S based employer who is willing to sponsor your application is the most essential eligibility requirement, as well as having at least a bachelor’s degree in consultancy.

Afterward, your employer will have to file for a Labor Condition Application from the Department of  Labor which will include and state all of their contract terms with you as the employee. Your employer will also have to demonstrate that he did not find any qualified U.S. applicants for the job and that you have the needed skills and expertise to perform the job duties. Then, the U.S. Citizenship & Immigration Services will conduct a random lottery to select the applications that will be going on to processing.

Then, if they select your application, that will allow your employer to move on to the next step by officially filing a petition starting April 1st of that year. Then, if the petition is approved, you can choose one of the following:

• Either wait for your employment start date which is October 1st. Then, your status will be automatically adjusted to H-1B. In this case, this would be the ideal option if you are already in the United States but have a different non-immigrant visa type.
• If you are outside of the U.S. borders, then the next step would be to go to a U.S. consulate or embassy for the purpose of obtaining a visa stamp and entering the country under an H-1B status.

Consultant H1B Sponsorship Data

Year	Approval Rate	Denial Rate
2022	99.76%	0.24%
2021	99.78%	0.22%
2020	100.00%	0.00%
2019	99.89%	0.11%
2018	99.40%	0.60%
2017	99.18%	0.82%
2016	99.43%	0.57%
2015	98.96%	1.04%

Average prevailing wages and top employers for Consultant in the U.S

For most of small business consulting firms consultants get paid on average a salary ranging between $65,000 and $70,000. While Senior consultants earn an average salary of $112,000-$120,000. On the other hand, for top hiring firms average salaries for consultants are between $80,000 and $149,500.

Company Name	Average Median Salary for H1B Visa for Consultant
Deloittensulting	$96,576
Wipro	$84,019
The Boston Consulting Group	$179,747
Genpact	$85,793
Sonata Software North America	$73,474
Latentview Analytics	$116,316
IBM	$114,229
L.e.k. Consulting	$165,000
Bain &	$166,750
Headstrong Services	$95,276

However, as of early 2023, H1B visa sponsors such as Deloittensulting, Wipro, The Boston Consulting Group, Genpact, and Sonata Software North America are successively ranked as the top 5 hiring parties applying for Labor Condition Applications. 

Top-hiring Cities for Consultants in the United States

The top-hiring and highest-paying consulting firms in the US are mainly located in New York, San Francisco, and Boston, take a look at the following table for detailed insight.

Rank	City	Average Salary
1	New York, NY	$135,381
2	San Francisco, CA	$153,056
3	Seattle, WA	$137,843
4	San Jose, CA	$147,643
5	Austin, TX	$117,909
6	Chicago, IL	$111,267
7	Sunnyvale, CA	$154,276
8	Atlanta, GA	$105,984
9	Mountain View, CA	$162,028
10	Houston, TX	$105,542
11	Irving, TX	$105,663

H1B visa for Consultant Basic Processing Information

Processing time for an H1B visa varies depending on the service center in which it is being processed.

• Regular H1B visa processing; takes from 1 to 6 months. But it also depends on the service center. The California and Nebraska Service Centers usually take 2.5 to 4.5 months for processing H1B visas, The Vermont Service Center takes around 12 to 15 months to do so.
• Premium H1B visa processing; Specifically destined for employers who do not want to wait for a long period of time. With Premium processing, the petition will be processed within 15 days of the submission date.
• Expedited H1B visa processing: Expedited processing requires certain criteria such as the following: 
• In case there is a severe financial loss to the US employer or foreign employee;
• There is an emergency situation;
• For humanitarian reasons;
• The petition is filed from a US Nonprofit Organization that will benefit the cultural and social interests of the US;
• In Case the petition is from a US government entity due to national interest from the US Department of Defense;
• In case there was an error from the USCIS.
• In case the petition is of compelling interest to USCIS.

H1B Visa Fees

Type of fee	Amount in $	Paid for by
Registration Fee	$10	Employer
Premium Processing Fee (optional)	$2,500	Employer or  Employee
Public Law 114-113 Fee	$4,000	Employer
Basic Filing Fee	$460	Employer
USCIS Anti-Fraud Fee	$500	Employer
ACWIA Education and Training Fee	$750 (less than 25 employees)$1,500 (more than 25 employees)	Employer
Attorney Fee	Variable	Employer

Get Help From Herman Legal Group

If you are a consultant and about to apply for an H1B visa in the United States and are looking for legal guidance, contact Herman Legal Group. We are an award-winning immigration law firm, founded in 1995, and experienced in all areas of immigration: family, employment, investor, deportation defense, and citizenship.

Sit down with attorney Richard Herman or one of the lawyers at Herman Legal Group to get experienced immigration help and let them analyze the facts to come up with the best legal strategy for your situation at your convenience.

You can schedule a personal consultation with Attorney Richard Herman by calling 1-216-696-6170, or by booking online.  Consultations can be conducted via Zoom, Skype, Whatsapp, Facetime, phone, or in-office. We are looking forward to helping you! 

H1B Visa For Assistant Professor

The H1B visa type is a non-immigrant visa category especially used by employers or businesses that are located in the United States and want to bring workers from foreign countries to occupy job vacancies that meet the specialty occupation standards.

All specialty occupations performers such as assistant professors are eligible for H1B visas, they usually require certain requirements such as a specific level of education mainly a bachelor’s degree in a field directly related to the job position, as well as other criteria that involve the applicants high skills and expertise.

Therefore, in order to apply for an H1b visa, the applicant must meet the eligibility requirements and the job vacancy itself must fulfill the specialty occupation standard that are imposed by the USCIS. We will be exploring more details in this article, keep reading to know more.

H1B Visa For Assistant Professor Entry Requirements

As mentioned above assistant professors are already defined as specialty occupations, however in order to be eligible to apply for an H1B visa for assistant professors, the following important requirements, among others, must be satisfied:

1. A bachelor’s degree, higher, or its equivalent, are normally the minimum entry level condition into the teaching position as an assistant professor.
2. The applicant must possess at least a bachelor’s degree or higher or its equivalent in a field that is related to the job position that they are applying for.
3. The applicant’s educational course must be the equivalent to a U.S. bachelor’s degree.

However, one thing that is worth knowing and keeping in mind is the fact that when evaluating a foreign degree, the U.S regulations allow the consideration of the applicant’s experience, by substituting 3 years of progressive and relevant experience in that specific field as an equivalent of one year of college.

• The foreign applicant must possess the necessary license in jurisdictions or institutions where it is demanded. However, in case the applicant is unable to provide the licensure before coming to the U.S. or obtaining a social security number, he or she can present proof from the licensing board documenting that he or she has met all of the requirements for the license but for status in the U.S. or a social security number.
• Before finally submitting the H1B petition at the USCIS, the employing party, in this case usually an institution will have to apply for and obtain a certified Labor Condition Application (LCA) from the Department of Labor that included the terms and conditions of their contract with the new employee. Which also implies that by getting the Labor Condition Application, the employer guarantees, among other things, that:

They are responsible for paying the H1b applicant’s (assistant professor) wage. which have to be similar to the wages paid by other employers to employees working on the same positions in similar industries, therefore the same prevailing wage in the area of employment.

They will provide to the foreign assistant professor with working conditions that will not adversely affect the working conditions of U.S. assistant professors similarly employed in the area.

Assistant Professor H1B Sponsorship Data

Year	Approval Rate	Denial Rate
2022	99.8%	0.19%
2021	99.94%	0.06%
2020	99.98%	0.02%
2019	99.41%	0.59%
2018	98.77%	1.23%
2017	98.85%	1.15%
2016	98.72%	1.28%
2015	97.96%	2.04%

Average prevailing wages and top employers for Assistant Professor in the U.S

Even though the national U.S average salary for assistant professors in 2022 was estimated at $98,669. That estimation is subject to significant variations based on the location as well as the employing institute. Below are some of highest paying institutions for Assistant professors in the United States as well as their median average salaries.

Institution Name	Average Median Salary for H1B Assistant Professors
University Of Oklahoma Health Sciences Center	$150,822
The Pennsylvania State University	$99,333
The Univ. Of Ala. At Birmingham (Uab)	$216,001
Purdue University	$112,318
University Of Wisconsin-System	$122,976
University Of Alabama Health Services Foundation, Pc	$229,340
Board Of Regents Of The University Of Nebraska	$80,061
Rutgers, The State University Of New Jersey	$148,176
Emory University	$195,791
Medical University Of South Carolina	$175,878

Assistant Professor top-hiring Cities

There are many assistant professor vacancies in the U.S, a large number of highest paying institutions for those vacancies are located in the regions shown below.

Rank	City	Average Salary
1	New York, NY	$135,381
2	San Francisco , CA	$153,056
3	Seattle, WA	$137,843
4	San Jose, CA	$147,643
5	Austin, TX	$117,909
6	Chicago, IL	$111,267
7	Sunnyvale, CA	$154,276
8	Atlanta, GA	$105,984
9	Mountain View, CA	$162,028
10	Houston, TX	$105,542
11	Irving, TX	$105,663

H1B visa for Assistant Professor Basic Processing Information

H-1B petitions are much more complicated than other type of visas, that is mainly because they involve multiple different government agencies for processing, that includes the Department of Labor (DOL) as well as the US Citizenship and Immigration Services (USCIS).

All H-1B petitions for Boise State University are filed through the Center for Global Engagement (CGE). Keep reading for more details about the processing time-frame for an H1B application for assistant professors.

After successfully preparing all the required paperwork and submitting the application at the USCIS, it can take between 3 weeks to 11 months to review the eligibility criteria and determined whether the applicant should be granted an H1B visa or not.

That period of time depends on many circumstances such as the service center. The California and Nebraska Service Centers process H1B visas for an average of 2.5 to 4.5 months, while the Vermont Service Center takes much longer to process H1B visas.

For example during COVID-19 closures, the USCIS approved multiple H1B visa applications in the time-frame of 2 weeks. Within 90 days of being selected, the employers can then file their petitions at the USCIS for processing and pay the required filing fees and supporting documents. If the petition is approved, then the H-1B visa will be issued.

H1B Visa Fee

Type of fee	Amount in $	Paid for by
Registration Fee	$10	Employer
Premium Processing Fee (optional)	$2,500	Employer or Employee
Public Law 114-113 Fee	$4,000	Employer
Basic Filing Fee	$460	Employer
USCIS Anti-Fraud Fee	$500	Employer
ACWIA Education and Training Fee	· $750 (less than 25 employees)· $1,500 (more than 25 employees)	Employer
Attorney Fee	Variable	Employer

Get Help From Herman Legal Group

If you are considering applying for an H1B visa for assistant professor you need the steady hand of an experienced immigration lawyer to navigate the rough waters of U.S. immigration law. Seek out counsel help from Herman Legal Group, a U.S. immigration law firm with over 25 years of experience in representing individuals, families & companies in all aspects of immigration law, in all 50 states and around the world.

Keep in mind that a consultation can help uncover the winning strategy, schedule a personal consultation with Attorney Richard Herman by calling 1-216-696-6170, or by booking online. Consultations can be conducted by zoom, skype, whatsapp, facetime, or in-office.

H-1b and Other Work Visa Requirements for Physicians

H1B and Other Temporary Work Visa Options for Foreign Physicians

Navigating the U.S. visa landscape is a critical step for International Medical Graduates (IMGs) and foreign national physicians aiming to pursue clinical training and practice in the United States. With nearly 25% of the U.S. physician workforce comprising IMGs, understanding the various visa options is essential. This guide provides a comprehensive overview of the primary visa categories available to IMGs, detailing eligibility criteria, application processes, and recent updates.

Overview of Visa Options for IMGs

IMGs seeking to enter U.S. Graduate Medical Education (GME) programs must obtain a visa that permits clinical training. The primary visa categories include:

• H-1B Visa: For temporary workers in specialty occupations.
• J-1 Visa: Exchange visitor visa for clinical training.
• O-1 Visa: For individuals with extraordinary ability.
• TN Visa: For Canadian and Mexican citizens under the USMCA agreement

Understanding the H-1B Visa for Physicians

The H-1B visa is a non-immigrant visa that allows U.S. employers to hire foreign professionals in specialty occupations, such as medicine. Physicians seeking H-1B status must meet specific requirements beyond the general criteria for specialty occupations.

Eligibility Criteria

To qualify for an H-1B visa as a physician, applicants must:

• Educational Qualifications: Hold a medical degree from a medical school accredited by the U.S. Department of Education.
• Licensure: Obtain an unrestricted license to practice medicine in the intended state of employment.
• Examinations: Pass the United States Medical Licensing Examination (USMLE) Steps 1, 2 CK, and 3.
• Certification: Secure certification from the Educational Commission for Foreign Medical Graduates (ECFMG).
• English Proficiency: Demonstrate proficiency in English, typically through the ECFMG certification process.

These requirements ensure that foreign-trained physicians meet the standards necessary for medical practice in the U.S.

Application Process for H-1B Visa

The H-1B visa application involves several steps, primarily initiated by the prospective U.S. employer:

1. Determine Prevailing Wage: The employer must ascertain the prevailing wage for the physician’s position in the specific geographic area.
2. File Labor Condition Application (LCA): Submit an LCA to the U.S. Department of Labor, affirming that the employment of the foreign physician will not adversely affect the working conditions of U.S. workers.
3. Submit Form I-129: File the Petition for a Nonimmigrant Worker (Form I-129) with the U.S. Citizenship and Immigration Services (USCIS), including evidence of the physician’s qualifications and the approved LCA.

Upon approval, the physician can apply for the H-1B visa at a U.S. consulate or, if already in the U.S., change their status accordingly. The U.S. Customs and Border Protection (CBP) plays a crucial role in overseeing the entry of individuals applying for H-1B visas, ensuring compliance with immigration procedures and border protection regulations.

For a comprehensive guide, visit USCIS H-1B Specialty Occupations.(USCIS)

Duration and Extensions

The H-1B visa is initially granted for up to three years, with the possibility of extension for a maximum of six years. Extensions beyond six years may be available if the physician has an approved employment-based immigrant petition (Form I-140) or a pending labor certification application filed at least 365 days prior to the end of the sixth year)

H-1B Cap Exemptions for Physicians

For international medical graduates (IMGs) aiming to practice medicine in the United States, the H-1B visa is a common pathway. However, the annual cap on H-1B visas can be a significant hurdle. Fortunately, certain exemptions exist, particularly for physicians, allowing them to bypass the cap and avoid the lottery system.

Understanding the H-1B Cap and Exemptions

The H-1B visa program has an annual cap of 85,000 visas, with 65,000 allocated for general applicants and 20,000 for those with advanced degrees from U.S. institutions. Due to high demand, a lottery system is often used to allocate these visas. However, certain employers and positions are exempt from this cap, providing a more straightforward path for eligible physicians.

Criteria for H-1B Cap Exemption

Physicians may qualify for cap exemption if employed by:

• Institutions of Higher Education: Accredited nonprofit colleges or universities.
• Nonprofit Entities Affiliated with Higher Education Institutions: Organizations connected to universities through shared ownership, control, or formal agreements.
• Nonprofit Research Organizations: Entities primarily engaged in basic or applied research.
• Government Research Organizations: Federal, state, or local government entities conducting research.

Additionally, if a physician is employed at a cap-exempt institution but paid by a for-profit employer, they may still qualify for cap exemption, provided their work directly supports the mission of the exempt institution.

Considerations and Challenges

·        Visa Cap: The annual cap on H-1B visas can make the process competitive.

·        Duration Limitations: Initial stay is up to three years, extendable to six years, with certain conditions for further extensions.

·        Employer Dependence: Visa status is tied to the sponsoring employer, potentially limiting job mobility.

·        Employer Sponsorship: Employer sponsorship is crucial for obtaining an H-1B visa. It impacts job mobility, renewal uncertainties, and dependency on the employer for maintaining legal status in the United States.

Alternative Pathways

For those facing challenges with the H-1B process, alternative visas like the J-1 for exchange visitors or O-1 for individuals with extraordinary ability may be considered, each with its own set of requirements and benefits.

Considerations for Canadian-Trained Physicians

Canadian physicians benefit from certain advantages when seeking to practice in the U.S.:

• Licensure Recognition: Many U.S. states recognize Canadian medical education and licensure, potentially simplifying the state licensing process.
• USMLE Requirements: Despite state licensure recognition, U.S. immigration law mandates that Canadian physicians pass the USMLE Steps 1, 2 CK, and 3 for H-1B eligibility.
• J-1 Visa Waiver: Canadian physicians subject to the two-year home residency requirement under a previous J-1 visa may be exempt from this requirement when applying for an H-1B visa, due to Canada’s visa-exempt status with the U.S.

These considerations can facilitate a smoother transition for Canadian-trained physicians into the U.S. healthcare system.

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Family Members of H-1B Physicians

Spouses and unmarried children under 21 of H-1B visa holders may apply for H-4 dependent visas. While H-4 visa holders can reside and study in the U.S., they are generally not authorized to work unless they obtain separate work authorization.

Transitioning to Permanent Residency

Physicians on H-1B visas may pursue permanent residency (green card) through employment-based immigration categories, such as EB-2 or EB-3. This process involves labor certification and the filing of Form I-140 by the employer. Physicians working in underserved areas may also qualify for National Interest Waivers, potentially expediting the green card process. Additionally, individuals can qualify for lawful permanent resident status based on their immigrant status, which includes specific categories of eligibility such as family relationships and employment sponsorship.

Pathway to Permanent Residency

Physicians on H-1B visas may pursue permanent residency (green card) through employment-based categories. The most common is the EB-2 category, which often requires a labor certification (PERM) and a job offer.

Steps:

1. Labor Certification (PERM): Employer demonstrates that there are no qualified U.S. workers for the position.
2. Form I-140: Immigrant Petition for Alien Worker.
3. Adjustment of Status (Form I-485): Application to Register Permanent Residence or Adjust Status.

Processing times vary, and it’s advisable to consult with an immigration attorney for personalized guidance.

J-1 Visa: Exchange Visitor Program

J-1 Visa: The Primary Route for Clinical Training

The J-1 visa is the most common pathway for IMGs entering U.S. Graduate Medical Education (GME) programs. Administered through the Educational Commission for Foreign Medical Graduates (ECFMG), the J-1 visa facilitates participation in residency and fellowship programs.

Eligibility Requirements:

• Pass USMLE® Step 1 and Step 2 Clinical Knowledge (CK) exams.
• Obtain a valid ECFMG Certificate.
• Secure a contract or official offer from an ACGME-accredited training program.
• Provide a Statement of Need from the Ministry of Health of your last legal permanent residence.
• Pass the Federation Licensing Examination (FLEX) or an equivalent examination to demonstrate competency, as required for H-1B visa eligibility for foreign physicians.

For detailed information on the application process, visit the ECFMG Exchange Visitor Sponsorship Program.(ECFMG)

Understanding the Two-Year Home Country Physical Presence Requirement

Upon completion of training, J-1 visa holders are generally required to return to their home country for two years before they can apply for certain U.S. visas or permanent residency. This requirement aims to ensure that the skills acquired in the U.S. benefit the home country.

Waiver Options:

1. Persecution Waiver: If returning home would subject the physician to persecution based on race, religion, or political opinion.
2. Exceptional Hardship Waiver: If the physician’s departure would cause exceptional hardship to a U.S. citizen or permanent resident spouse or child.
3. Interested Government Agency (IGA) Waiver: If a U.S. government agency requests the physician’s continued presence in the U.S.

State health departments can sponsor up to 30 J-1 physicians annually under the Conrad 30 Waiver Program, allowing them to work in underserved areas. For more details, refer to the USCIS Conrad 30 Waiver Program.(USCIS)

Eligibility Criteria

The J-1 visa is commonly used for residency and fellowship training. Requirements include:

• Pass USMLE Step 1 and Step 2 CK.
• Obtain ECFMG certification.
• Secure a contract or official letter of offer from a U.S. GME program.
• Provide a Statement of Need from the Ministry of Health of the physician’s home country.

Leveraging the J-1 Visa for Cap Exemption

Many IMGs enter the U.S. on a J-1 Exchange Visitor visa for residency or fellowship programs. Upon completion, they are typically required to return to their home country for two years. However, waivers to this requirement can facilitate a transition to H-1B status without being subject to the cap.

Steps to Transition from J-1 to H-1B Cap-Exempt Status

1. Secure a Waiver: Obtain a waiver of the two-year home residency requirement through one of the aforementioned programs.
2. Find Employment with a Cap-Exempt Employer: Ensure the job offer is from an institution that qualifies for cap exemption.
3. File H-1B Petition: The employer files an H-1B petition on behalf of the physician, including documentation of the waiver and the cap-exempt status of the position.
4. Obtain Work Authorized Status for Family Members: Family members of H-1B visa holders can apply for work authorized status, allowing them to legally work in the U.S. This is particularly relevant for international medical graduates transitioning from a J-1 waiver to an H-1B visa.

Benefits of Cap-Exempt H-1B Status

• No Lottery: Bypassing the annual cap avoids the uncertainty of the lottery system.
• Year-Round Filing: Cap-exempt H-1B petitions can be filed at any time, not just during the limited filing window.
• Pathway to Permanent Residency: After fulfilling the service requirement, physicians can pursue permanent residency without the constraints of the H-1B cap.

Pathways to Waive the Two-Year Requirement

1. Interested Government Agency (IGA) Waivers:
   • Physicians can obtain a waiver by committing to work for at least three years in a medically underserved area in the U.S.
   • Programs like the Conrad 30 allow each state to sponsor up to 30 waivers annually.
   • Agencies such as the Department of Veterans Affairs (VA) and the Department of Health and Human Services (HHS) are common sponsors.
2. Hardship Waivers:
   • Granted when a physician can demonstrate that returning to their home country would cause exceptional hardship to a U.S. citizen or permanent resident spouse or child.
   • Requires filing Form I-612 with USCIS and providing substantial evidence of hardship.
3. Persecution Waivers:
   • Available to physicians who can prove that returning to their home country would subject them to persecution based on race, religion, or political opinion.
   • Also involves filing Form I-612 and providing compelling evidence.

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O-1 Visa: Individuals with Extraordinary Ability

Eligibility Criteria

The O-1 visa is for individuals who have demonstrated extraordinary ability in their field. Physicians may qualify by:

• Receiving national or international awards.
• Publishing scholarly articles.
• Holding significant roles in distinguished organizations.
• Making original contributions of major significance.

Application Process

Applicants must provide evidence meeting at least three of the eight criteria set by USCIS.

Even without satisfying the J-1 2 year home residency requirement, applicants can apply for O-1 at US embassy.

TN Visa: Canadian and Mexican Professionals

Eligibility Criteria

Under the United States-Mexico-Canada Agreement (USMCA), Canadian and Mexican citizens may apply for a TN visa. For physicians:

• Must hold a Doctor of Medicine degree.
• Engage in teaching or research roles; direct patient care is generally not permitted. (

Application Process

• Canadian Citizens: Apply directly at a U.S. port of entry.
• Mexican Citizens: Apply at a U.S. embassy or consulate.

 

 

Understanding the USMLE: A Three-Step Examination

For international medical graduates (IMGs) aspiring to practice medicine in the United States, passing the United States Medical Licensing Examination (USMLE) is a pivotal step. This comprehensive guide outlines the significance of the USMLE in the H-1B, J-1 and O-1  visa process, detailing each examination step, the role of ECFMG certification, and strategies for success.

The USMLE assesses a physician’s ability to apply medical knowledge and skills in patient care. It comprises three sequential steps:

Step 1: Basic Science Knowledge

• Purpose: Evaluates understanding of foundational sciences essential for medical practice.
• Format: One-day exam divided into seven 60-minute blocks, totaling up to 280 multiple-choice questions.
• Content Areas: Anatomy, biochemistry, microbiology, pathology, pharmacology, physiology, and behavioral sciences

Step 2: Clinical Knowledge (CK)

• Purpose: Assesses the application of medical knowledge in clinical scenarios.
• Format: Nine-hour exam with eight blocks of multiple-choice questions.
• Content Areas: Internal medicine, surgery, pediatrics, psychiatry, and obstetrics and gynecology.

Step 3: Clinical Practice Assessment

• Purpose: Determines readiness for unsupervised medical practice.
• Format: Two-day exam; Day 1 focuses on foundational sciences, and Day 2 includes case simulations.
• Content Areas: Patient management, diagnosis, and clinical decision-making

ECFMG Certification: Gateway to U.S. Medical Practice

The Educational Commission for Foreign Medical Graduates (ECFMG) certifies IMGs for entry into U.S. residency and fellowship programs. Certification requirements include:

• Medical Education Credentials: Verification of medical school diploma and transcripts.
• Examination Requirements: Passing USMLE Step 1 and Step 2 CK.
• Clinical and Communication Skills: Demonstrated through the Occupational English Test (OET) or other ECFMG pathways.
• State Licensing Requirements: Having a license or other authorization required by the state where the physician will practice.

For detailed information, visit the ECFMG Certification Overview.(ECFMG)

USMLE’s Role in H-1B Visa Eligibility

The H-1B visa allows U.S. employers to hire foreign professionals in specialty occupations, including physicians. For IMGs, USMLE scores are integral to the H-1B application process:

• Validation of Competency: Passing USMLE Steps 1 and 2 CK demonstrates medical proficiency equivalent to U.S.-trained physicians.
• Licensure Requirement: Many states require USMLE scores for medical licensure, a prerequisite for H-1B eligibility.
• Employer Assurance: USMLE scores provide employers with confidence in the candidate’s qualifications.

Frequently Asked Questions: H-1B and Other Temporary Work Visa Options for Foreign Physicians

What is the H-1B visa and why is it popular among foreign physicians?The H-1B visa is a nonimmigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations, including medicine. It is popular among foreign physicians because it allows clinical practice, can lead to permanent residency, and does not require a two-year home residency like the J-1 visa.

What are the eligibility requirements for a physician to qualify for an H-1B visa?A physician must:

·        Possess a medical degree from an accredited institution.

·        Pass USMLE Step 1, Step 2 CK, and Step 3.

·        Be certified by the Educational Commission for Foreign Medical Graduates (ECFMG).

·        Have a valid state medical license (or be eligible for one).

·        Secure a job offer in a “specialty occupation” from a U.S. employer.

Is there a limit to how many H-1B visas are issued each year?Yes. The H-1B visa is subject to an annual cap of 65,000 visas, with an additional 20,000 available for those with advanced degrees from U.S. institutions. However, some employers—such as nonprofit research organizations, university hospitals, and J-1 waiver employers—are cap-exempt.

Can physicians be exempt from the H-1B cap?Yes. Physicians employed by:

·        Nonprofit institutions affiliated with higher education.

·        Nonprofit or government research organizations.

·        Employers sponsoring J-1 waiver recipients to work in underserved areas. can be exempt from the annual H-1B cap.

How long is the H-1B visa valid for physicians?The initial H-1B visa is typically granted for up to three years and can be extended for a maximum of six years. Extensions beyond six years are available if a green card application is in process and meets certain criteria.

Can H-1B physicians apply for a green card?Yes. Physicians on H-1B status can apply for permanent residency through employment-based categories such as EB-2 or EB-1. They must typically have an approved labor certification (PERM) and I-140 petition unless eligible for a National Interest Waiver.

What is H-1B portability and how does it help physicians?H-1B portability allows physicians in valid H-1B status to begin working for a new employer as soon as the new employer files a new H-1B petition. This helps reduce employment gaps and provides more flexibility.

Can H-1B physicians work at multiple locations?Only if those locations are included in the H-1B petition or covered by a Labor Condition Application (LCA). Any change in job location typically requires an amended petition unless it’s within the same metropolitan statistical area.

What happens if an H-1B physician’s job ends early?Physicians typically have a 60-day grace period to find a new H-1B sponsor, change visa status, or leave the United States. Failing to do so may result in falling out of status.

Are H-1B physicians restricted to certain types of employers or locations?No, but their employment must be in a qualifying specialty occupation, and they must be paid the prevailing or actual wage. Certain positions, like those under J-1 waivers, require work in underserved areas.

What are the requirements for a hospital or clinic to sponsor an H-1B physician?Employers must:

·        Demonstrate the position requires a specialty occupation.

·        File a certified Labor Condition Application (LCA).

·        Pay the prevailing wage.

·        Provide evidence of ability to pay.

·        File a detailed H-1B petition with USCIS.

Can an H-1B physician work while a renewal or extension is pending?Yes. Physicians may continue working for up to 240 days while their timely filed extension is pending with USCIS.

Can an H-1B physician’s spouse and children join them in the U.S.?Yes. Spouses and unmarried children under 21 may apply for H-4 status. They can live in the U.S. and attend school. Spouses may only work if they obtain separate work authorization under specific conditions.

Can time spent outside the U.S. be recaptured to extend H-1B time?Yes. Time spent outside the U.S. during H-1B status can be added back (recaptured), extending the maximum six-year limit. Documentation such as flight records and passport stamps is required.

What alternatives exist to the H-1B visa for foreign physicians?Alternatives include:

·        J-1 visa: Typically used for residency/fellowship but includes a two-year home residency requirement.

·        O-1 visa: For physicians with extraordinary ability in science or medicine.

·        TN visa: For Canadian or Mexican citizens under NAFTA/USMCA (limited to certain non-clinical medical roles).

·        B-1 visa in lieu of H-1B: For short-term professional activities with strict limitations.

Can a physician in J-1 status apply for an H-1B visa?Yes, but only after:

·        Fulfilling the two-year home-country residency requirement, or

·        Obtaining a J-1 waiver, such as a Conrad 30 waiver or an Interested Government Agency (IGA) waiver.

Can a physician skip USMLE and still qualify for an H-1B?Only in limited cases. Physicians of national or international renown under 8 C.F.R. § 214.2(h)(4)(viii)(C) may be exempt from certain requirements, including the USMLE, if engaged in teaching or research rather than clinical care.

Is premium processing available for H-1B visa petitions?Yes. Employers may request expedited processing for an additional fee. USCIS typically issues a decision within 15 calendar days under premium processing.

Can an H-1B physician pursue part-time work or locum tenens assignments?Only if authorized in their H-1B petition. Each employer must file a separate petition. Unauthorized work can jeopardize H-1B status.

What are common reasons for H-1B denials for physicians?Common reasons include:

·        Incomplete or inconsistent documentation.

·        Insufficient proof that the position qualifies as a specialty occupation.

·        Failure to demonstrate wage compliance.

·        Missing license or board certifications.

·        Working outside the authorized location.

How does the H-1B differ from the J-1 for medical training?The J-1 is used for graduate medical education (residency/fellowship) and requires physicians to return home for two years unless a waiver is granted. H-1B allows for immediate work in clinical practice without the two-year requirement and offers a direct path to a green card.

What role does the Department of Labor (DOL) play in the H-1B process?The DOL certifies the Labor Condition Application (LCA), confirming the employer will pay the prevailing wage and uphold working conditions. DOL enforcement can investigate violations and impose penalties.

What happens after the six-year H-1B limit if no green card is approved?Physicians must leave the U.S. for at least one year before reapplying for a new H-1B unless eligible for an extension under AC21 (green card progress exemptions).

Can an H-1B physician start working immediately after a change of employer petition is filed?Yes, under H-1B portability rules, employment may begin upon USCIS receipt of the petition—no need to wait for approval.

Can H-1B physicians own a medical practice or act as self-employed practitioners?Not typically. H-1B workers must have a bona fide employer-employee relationship, which can be difficult to establish with self-employment. Some creative corporate structures may allow partial ownership with proper legal guidance.

Do all states accept foreign physicians with H-1B status?Licensure is regulated at the state level. Most states allow H-1B physicians to practice if they meet licensing criteria, but application processes and timelines vary. Always verify state-specific rules.

What visa categories are available for foreign physicians and what are their specific requirements?Foreign physicians can apply under several visa categories, each with specific requirements:

·        H-1B visa category: Requires a medical degree, USMLE steps, ECFMG certification, a state medical license, and a job offer in a specialty occupation.

·        J-1 visa category: Used for residency or fellowship programs, requires a two-year home residency after completion unless a waiver is obtained.

·        O-1 visa category: For physicians with extraordinary ability in their field, requires evidence of national or international acclaim.

·        TN visa category: Available for Canadian and Mexican citizens under NAFTA/USMCA, limited to certain non-clinical roles.

·        B-1 visa in lieu of H-1B: For short-term professional activities, requires strict adherence to limitations on clinical practice.

Each visa category has unique benefits and limitations, making it important for physicians to choose the one that best fits their career goals and personal circumstances.

 Conclusion

Navigating the H-1B visa process requires careful planning and adherence to regulatory requirements. Medical professionals aspiring to practice in the U.S. should consult with immigration experts to explore the most suitable pathways and ensure compliance with all legal obligations.

Why Foreign Physicians Should Consult Immigration Attorney Richard Herman

Navigating U.S. immigration as a foreign-trained physician is a uniquely complex journey—filled with licensing hurdles, visa limitations, and policy changes that can derail your career if not handled correctly. Whether you are pursuing:

• H-1B visas for clinical work,
• J-1 waivers through the Conrad 30 program,
• O-1 visas for extraordinary ability in research or academia, or
• TN visas as a Canadian or Mexican healthcare professional,

you need more than just a lawyer—you need a trusted, strategic advisor who understands the medical field and immigration law.

Why Choose Richard Herman and His Team

Attorney Richard Herman, founder of the Herman Legal Group, is one of America’s most respected immigration lawyers—with 30 years of experience helping international physicians and healthcare professionals immigrate, train, and work legally in the U.S.

What Sets Him Apart:

• Deep Experience with Physician Immigration
  Richard and his team have successfully handled hundreds of physician immigration cases, including H-1Bs, J-1 waivers, O-1s, and green card petitions for medical professionals in every specialty.
• National Recognition
  He has been featured on CNN, NPR, and in major publications, and his firm is known for its thorough, creative legal strategies tailored to the medical field.
• A Personal Commitment
  Richard’s wife is a foreign-born physician—he’s lived through the medical immigration process firsthand. This gives him a rare, personal understanding of the challenges physicians face.
• Comprehensive Services for Physicians
  The Herman Legal Group serves:
  • Residents and fellows entering U.S. GME programs
  • J-1 waiver seekers for underserved areas
  • Physicians transitioning to H-1B or O-1 status
  • Employers seeking cap-exempt or cap-subject sponsorship
  • Physicians pursuing permanent residency and green cards

Take the First Step Toward Your U.S. Medical Career

If you are a foreign-trained physician with questions about your immigration options, don’t navigate this alone. The risks of delay, denial, or misfiling are too great.

Call the Herman Legal Group today to schedule a confidential consultation.
You can reach them by:

• Phone: 1-800-808-4013
• Online Booking: https://www.lawfirm4immigrants.com/book-consultation/
• Serving clients across the U.S. and internationally via Zoom, phone, and in-person appointments

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Richard Herman is here to help you build the medical career you’ve worked so hard for—without unnecessary immigration barriers.

Contact him today and take control of your future.

Additional Resources

For more detailed information and assistance, consider the following resources:

• USCIS H-1B Specialty Occupations
• ECFMG Certification Overview
• AMA International Medical Graduates Toolkit
• USMLE Official Website

• Conrad 30 Waiver Program Details
• J-1 Visa Waiver Options for Physicians
• USCIS: Conrad 30 Waiver Program
• Department of State: J-1 Visa Waiver

Can I Expedite My Marriage or Fiancée Visa?

Things have changed for immigrants applying for any kind of visa at U.S. Embassies and Consulates overseas. In some regions, the global conditions for applying for U.S. visas have improved, while it has worsened in some.

The marriage or fiancé visa for foreign-citizen fiancés of a U.S. citizen allows the former to travel to the US to marry the latter. The U.S. citizen sponsors their alien spouse for the trip and the marriage must take place within ninety days of arrival.

The alien fiancé is expected to file the required form-129F with the United States Citizenship and Immigration Services with the marriage certificate as evidence. However, filing the form is only the first step; there are several other steps before the visa is granted, including the provision of sensitive information.

June 2025 Visa Bulletin: Modest Forward Movement for EB-2 and EB-3; USCIS to Use Final Action Dates

Published: May 13, 2025

Quick Snapshot in June 2025

• China EB-2 advances two months; China EB-3 progresses three weeks.
• India’s EB Final Action Dates: No movement across all employment-based categories.
• Rest of the World (ROW):
• EB-2: Moves forward by nearly four months.
• EB-3: Gains five weeks.
• USCIS confirms it will use the Final Action Dates chart for employment-based filings in June 2025.
• Family-Based F2A remains mostly current but still reflects backlogs for Mexico.
• EB-4 Category is fully unavailable due to statutory caps, having reached its annual limit for FY 2025.
• DV-2025 numbers are tightening as September 30 approaches—file immediately if eligible. With the DV-2025 numbers tightening, many applicants waiting for their turn should file immediately if eligible.
• New SIV rules could affect former U.S. Government employees abroad.

What’s Changing in June 2025?

The U.S. Department of State has released its June 2025 Visa Bulletin, reflecting small but meaningful improvements in some employment-based green card categories, following updated procedures. Below is a breakdown of the movement and what it means for adjustment of status (I-485) applicants. These changes are part of a revised process aimed at improving the predictability and efficiency of visa issuance.

Understanding the Visa Bulletin Charts

Each monthly Visa Bulletin features two key charts:

• Final Action Dates: When a green card can actually be approved.
• Dates for Filing: When you can submit your Form I-485, even if a green card can’t yet be issued. The Dates for Filing chart is crucial for determining when applicants can start filing applications for adjustment of status.

For June 2025, USCIS will follow the Final Action Dates chart for all employment-based categories. Understanding these charts is essential for navigating the application process efficiently.

???? USCIS Visa Bulletin Page

Employment-Based Final Action Dates: June 2025

This chart determines who is eligible to be granted a green card this month based on the availability of visa numbers.

EB Category	All Other Countries	China (PRC)	India	Mexico	Philippines
EB-1 – Priority Workers	Current	Nov 8, 2022	Feb 15, 2022	Current	Current
EB-2 – Advanced Degrees / Exceptional Ability	Oct 15, 2023	Dec 1, 2020	Jan 1, 2013	Oct 15, 2023	Oct 15, 2023
EB-3 – Professionals / Skilled Workers	Feb 8, 2023	Nov 22, 2020	Apr 15, 2013	Feb 8, 2023	Feb 8, 2023

The Employment-Based Final Action Dates chart outlines the availability of employment based preference visas for June 2025.

Key Visa Movement Insights

• EB-1: No movement. Remains current for most countries; backlog persists for China and India.
• EB-2:
  • China advances two months (Oct 2020 → Dec 2020)
  • ROW sees a leap of over three months (June 2023 → Oct 2023)
  • India remains frozen at Jan 1, 2013
• EB-3:
  • China moves ahead by three weeks (Nov 1 → Nov 22, 2020)
  • ROW progresses five weeks (Jan 1, 2023 → Feb 8, 2023)
  • India remains stalled at Apr 15, 2013

These movements are influenced by the processes used for determining visa availability, which consider various factors such as demand and statutory limits.

Dates for Filing: EB Chart (June 2025)

Although USCIS is not using this chart in June, it reflects future trends in visa demand. Although USCIS is not using this chart in June, it provides valuable insights for applicants planning to start filing applications in the near future.

EB Category	All Other Countries	China	India	Mexico	Philippines
EB-1	Current	Jan 1, 2023	Apr 15, 2022	Current	Current
EB-2	Nov 15, 2023	Jan 1, 2021	Feb 1, 2013	Nov 15, 2023	Nov 15, 2023
EB-3	Mar 1, 2023	Dec 22, 2020	Jun 8, 2013	Mar 1, 2023	Mar 1, 2023

This chart helps applicants waiting for their turn to understand future trends in visa demand.

Trend Analysis: Limited Movement Despite Q4 Start

Why aren’t we seeing stronger forward momentum?

June marks the beginning of the final quarter in the federal fiscal year (which ends September 30). Historically, the Department of State sometimes adjusts cutoff dates quarterly to increase green card issuance volume before year-end. However, June’s Bulletin showed:

• Minimal movement in oversubscribed categories like EB-2 and EB-3 for India is partly due to reaching the annual limit for these visa numbers.
• No change in EB-1, even though demand had raised expectations for progress, indicates a tight control over the allocation of visa numbers.
• Potential constraints from increased demand or administrative delays.

Legal Insight: What This Means for You

• If your priority date is earlier than the Final Action Date listed for your category and country, you may file or receive approval for a green card.
• USCIS (U.S. Citizenship and Immigration Services) plays a crucial role in determining when applicants can file or receive approval for a green card.
• If you missed the cutoff, you must wait for future bulletins and monitor monthly.
• USCIS’s continued reliance on Final Action Dates makes it harder for applicants to benefit from the more generous Dates for Filing in some categories.

Looking Ahead

• This marks the fifth consecutive month USCIS has opted for the more restrictive Final Action Date approach, following a revised process aimed at better managing visa demand.
• Unless visa demand decreases or DOS takes proactive steps in July–September, many long-waiting applicants (especially from India) may see little change.
• Applicants in ROW, Mexico, and the Philippines have more favorable outlooks this summer.

EB-4: Special Immigrants

???? All countries: Unavailable

As announced by the Department of State in February 2025, the FY 2025 cap for EB-4 has already been reached. The category will remain closed through September 30, 2025, which means unauthorized for any new applications until the next fiscal year and reopen with the next fiscal year on October 1, 2025.

EB-5: Immigrant Investor Program

Category	China	India	All Other Countries
Unreserved (C5, T5, etc.)	Jan 22, 2014	May 1, 2019	Current
Set-Aside: Rural (20%)	Current	Current	Current
Set-Aside: High Unemployment (10%)	Current	Current	Current
Set-Aside: Infrastructure (2%)	Current	Current	Current

???? Set-aside categories remain fully current for all nations, making this an attractive window for investors. The EB-5 Immigrant Investor Program remains an attractive option for those seeking employment based preference visas, with set-aside categories fully current for all nations.

Overview: What is the Visa Bulletin?

Each month, the U.S. Department of State releases the Visa Bulletin to provide guidance on:

• Final Action Dates: When green cards can be issued.
• Dates for Filing: When applicants can submit their visa or adjustment applications.

The Visa Bulletin outlines immigrant visa availability based on priority dates and chargeability areas.

This helps individuals track when they can take action based on their visa category and priority date.

Understanding chargeability areas is crucial for applicants to determine their place in line for visa processing.

???? Check USCIS Updates for Adjustment Filing Use

Family-Sponsored Green Card Availability

Statutory Limits and Rules

• Annual family-sponsored green card cap: 226,000. The annual limit for family-sponsored green cards is set at 226,000.
• Per-country limit: 7% of total (25,620 visas)
• Dependent area cap: 2% (7,320 visas)
• Oversubscribed Countries: China (mainland), India, Mexico, Philippines

Spouses and children of principal applicants may share the same preference category and priority date under INA Section 203(d).

These rules ensure a fair distribution of visas among applicants seeking to become permanent residents.

Family-Based Final Action Dates (Chart A)

Preference	All Other Countries	China	India	Mexico	Philippines
F1	08JUN16	08JUN16	08JUN16	22APR05	15JUL12
F2A	01JAN22	01JAN22	01JAN22	15MAY21	01JAN22
F2B	22SEP16	22SEP16	22SEP16	01JAN06	08FEB12
F3	22JUN11	22JUN11	22JUN11	15JAN01	22SEP03
F4	01JAN08	01JAN08	15JUN06	15MAR01	01JUN05

The F2B category, for example, is for unmarried adult children of LPRs who are 21 years of age or older.

Note: F2A is partially exempt from country limits for Mexico.

Family-Based Dates for Filing (Chart B)

Preference	All Other Countries	China	India	Mexico	Philippines
F1	01SEP17	01SEP17	01SEP17	01APR06	22APR15
F2A	01FEB25	01FEB25	01FEB25	01FEB25	01FEB25
F2B	01JAN17	01JAN17	01JAN17	01APR07	01OCT13
F3	22JUL12	22JUL12	22JUL12	15JUN01	22SEP04
F4	01JUN08	01JUN08	01DEC06	30APR01	01JAN08

This chart helps applicants determine the appropriate time for filing applications for adjustment of status.

Employment-Based Green Card Availability

Employment-Based Preference Allocations

• Total Employment-Based Cap: 140,000/year. The annual limit for employment-based green cards is 140,000.
• Per Category Share:
• EB-1, EB-2, EB-3: ~28.6% each. Each category receives a specific share of the total visa numbers available.
• EB-4 (Special Immigrants): 7.1%
• EB-5 (Investors): 7.1%, with 32% set aside for:
• Rural Areas: 20%
• High Unemployment: 10%
• Infrastructure: 2%

Employment-Based Final Action Dates (Chart A)

Preference	All Other Countries	China	India	Mexico	Philippines
EB-1	C	08NOV22	15FEB22	C	C
EB-2	15OCT23	01DEC20	01JAN13	15OCT23	15OCT23
EB-3	08FEB23	22NOV20	15APR13	08FEB23	08FEB23
Other Workers	22JUN21	01APR17	15APR13	22JUN21	22JUN21
EB-4	U	U	U	U	U
EB-5 (Unreserved)	C	22JAN14	01MAY19	C	C

U = Unavailable

The Employment-Based Final Action Dates chart outlines the availability of employment based preference visas for June 2025.

This chart determines who is eligible to be granted a green card this month based on the availability of visa numbers.

Employment-Based Dates for Filing (Chart B)

Preference	All Other Countries	China	India	Mexico	Philippines
EB-1	C	01JAN23	15APR22	C	C
EB-2	15NOV23	01JAN21	01FEB13	15NOV23	15NOV23
EB-3	01MAR23	22DEC20	08JUN13	01MAR23	01MAR23
Other Workers	22JUL21	01JAN18	08JUN13	22JUL21	22JUL21
EB-4	01FEB21	01FEB21	01FEB21	01FEB21	01FEB21
EB-5 (Unreserved)	C	01OCT16	01APR22	C	C

This chart helps applicants determine the appropriate time for filing applications for adjustment of status.

Diversity Visa (DV) Lottery: June & July 2025 Cut-offs

The DV program provides up to 55,000 immigrant visas per year, but for FY2025, the number is effectively reduced to about 52,000 due to allocations under NACARA and the 2024 NDAA.

The DV program provides up to 55,000 immigrant visas per year, reflecting the overall immigrant visa availability.

June 2025 DV Cut-Offs

Region	General Cut-off	Exceptions
Africa	42,500	Algeria (42,250), Egypt (36,250), Morocco (30,000)
Asia	8,250	Iran, Nepal (8,000)
Europe	17,500	Russia (17,450), Uzbekistan (10,250)
North America	20	N/A
Oceania	1,550	N/A
South America/Caribbean	2,300	N/A

These cut-offs indicate the maximum visa numbers available for each region in June 2025.

July 2025 DV Cut-Offs

Region	General Cut-off	Exceptions
Africa	45,000	Algeria (44,950), Egypt (40,000), Morocco (34,500)
Asia	9,000	Iran, Nepal (8,950)
Europe	19,000	Russia (18,950), Uzbekistan (12,000)
North America	20	N/A
Oceania	1,650	N/A
South America/Caribbean	2,450	N/A

These cut-offs indicate the maximum visa numbers available for each region in July 2025.

Special Immigrant Visas (SIVs) – New NDAA Provisions

The FY2024 National Defense Authorization Act introduced changes for U.S. government employees abroad and their families. This does not affect Afghan/Iraqi SIVs under SQ/SI. Impacted individuals should consult the consular section where Form DS-1884 was filed for updated guidance.

Impacted individuals should consult the consular section at U.S. embassies abroad where Form DS-1884 was filed for updated guidance.

When to File Your I-485 Adjustment of Status Application (June 2025)

If you are waiting to adjust your status to become a U.S. permanent resident through a family-sponsored or employment-based preference visa, this monthly guide helps you understand whether your priority date is current—and if you can submit Form I-485.

This monthly guide helps you understand the application process and whether your priority date is current.

Step-by-Step: How to Use This Bulletin

1. Identify your visa type:
   • Look at either the Family-Sponsored or Employment-Based preference chart.
2. Find your chargeability area (country of birth):
   • Look across the columns in the chart for the country that matches your place of birth.
3. Check your priority date:
   • This is the date USCIS received your petition or, if applicable, when your PERM labor certification was accepted by the Department of Labor.
4. Compare dates:
   • If your priority date is earlier than the listed filing date—or the chart shows “C” for current—you may submit your I-485 application (if otherwise eligible).
   • A “U” means the category is currently unavailable.

???? Check USCIS Visa Bulletin Updates

Filing Chart: Family-Sponsored Preference (June 2025)

Use this chart to determine when you can file your I-485 for family-sponsored green cards:

Family Category	All Countries	China	India	Mexico	Philippines
F1 – Unmarried adult children of U.S. citizens	01SEP17	01SEP17	01SEP17	01APR06	22APR15
F2A – Spouses & children of LPRs	01FEB25	01FEB25	01FEB25	01FEB25	01FEB25
F2B – Unmarried adult children of LPRs	01JAN17	01JAN17	01JAN17	01APR07	01OCT13
F3 – Married children of U.S. citizens	22JUL12	22JUL12	22JUL12	15JUN01	22SEP04
F4 – Siblings of U.S. citizens	01JUN08	01JUN08	01DEC06	30APR01	01JAN08

This chart helps applicants determine the appropriate time for filing applications for adjustment of status.

???? Visual Insight: The chart below highlights the disparity between visa processing times by category and country:

Final Action Dates: Employment-Based Adjustment (June 2025)

These dates indicate when a green card can be issued. This chart determines who is eligible to be granted a green card this month based on the availability of visa numbers:

Employment Category	All Countries	China	India	Mexico	Philippines
EB-1 – Priority workers	C	08NOV22	15FEB22	C	C
EB-2 – Advanced degrees / exceptional ability	15OCT23	01DEC20	01JAN13	15OCT23	15OCT23
EB-3 – Skilled workers / professionals	08FEB23	22NOV20	15APR13	08FEB23	08FEB23
Other Workers	22JUN21	01APR17	15APR13	22JUN21	22JUN21
EB-4 – Special immigrants	U	U	U	U	U
Certain Religious Workers	U	U	U	U	U
EB-5 Unreserved	C	22JAN14	01MAY19	C	C
EB-5 Set Asides – Rural, High Unemployment, Infrastructure	C	C	C	C	C

“C” = Current (you may file if otherwise eligible) “U” = Unavailable

The Final Action Dates chart outlines the availability of employment based preference visas for June 2025.

About the Visa Bulletin System

The Department of State (DOS) releases a monthly Visa Bulletin, which determines green card eligibility by tracking:

• Total visas available
• Backlogs by category
• Demand for each preference classification

Since 2015, USCIS and DOS have collaborated to:

• Issue all green cards authorized by Congress
• Provide more predictability for green card applicants
• Improve how visa demand is calculated

Learn more:
???? Modernizing and Streamlining Legal Immigration Report (PDF)

Two Key Charts in Every Bulletin

1. Final Action Dates – When green cards can be approved.
2. Dates for Filing – When applicants can submit I-485 (adjustment of status) applications.

USCIS will announce each month which chart to follow on its Visa Bulletin Updates Page.

How USCIS Determines Visa Availability

USCIS and DOS consider:

• Remaining visa supply for the fiscal year
• Pending green card applications at both USCIS and consulates
• Drop-off rates (due to abandonment, denial, or withdrawal)

This data allows USCIS to forecast cutoff dates and ensure the maximum number of visas are issued each year.

GENERAL VISA BULLETIN FAQs

What is a priority date?
It’s the date your green card petition was first filed. This determines your place in line.

How long will I wait?
That depends on your country and visa category. The Visa Bulletin can’t predict exact timing but helps identify patterns.

Why does my date go backward?
That’s called retrogression—it happens when demand exceeds supply. Your spot may temporarily move backward until numbers reset.

What is the purpose of the Visa Bulletin?
The Visa Bulletin, published monthly by the U.S. Department of State, provides updated information on green card availability. It shows cut-off dates for each immigrant visa category and country of chargeability, determining when applicants can move forward with their green card process.

What are “Final Action Dates” and “Dates for Filing”?
Final Action Dates indicate when a green card can be issued. Dates for Filing determine when a person can file their adjustment of status application. USCIS announces monthly which chart it will use for family-based and employment-based applicants.

What is a priority date?
A priority date is the date when a green card petition (Form I-130 or I-140) or labor certification was filed. It establishes the applicant’s place in line for green card processing.

How do I find my priority date?
Your priority date is typically printed on your I-797 Notice of Action or listed on your labor certification. You may also consult with your attorney or sponsoring employer.

What does it mean if my priority date is “current”?
If your priority date is earlier than the listed cut-off date—or if the category is marked “C” (current)—you may file your application (if using the Dates for Filing chart) or your green card may be approved (if using the Final Action Dates chart).

What does “U” mean on the Visa Bulletin?
“U” means the category is “Unauthorized” or “Unavailable.” No immigrant visas are available in that category for the month.

What is retrogression, and why does it happen?
Retrogression is when a previously current priority date moves backward. It occurs when visa demand exceeds the supply for a given category or country.

How often does the Visa Bulletin change?
The Visa Bulletin is issued monthly, usually around the 10th to 15th of each month.

What is the difference between USCIS and the Department of State when it comes to the Visa Bulletin?
The Department of State publishes the Visa Bulletin. USCIS decides which chart (Final Action or Filing Dates) applicants in the U.S. must follow to file Form I-485.

JUNE 2025 VISA BULLETIN-SPECIFIC FAQs

What changed in the family-based categories in the June 2025 Visa Bulletin?
Most family-based categories remained unchanged. The only notable change was in the F-4 category (siblings of U.S. citizens) for India, which advanced by two months.

Which chart should I use in June 2025 for adjustment of status filing?
In June 2025, USCIS designated the Dates for Filing chart for family-sponsored applicants and the Final Action Dates chart for employment-based applicants.

Did the EB-1 category move at all in June 2025?
No. The EB-1 Final Action Dates remained unchanged. India is still at February 15, 2022, and China is at November 8, 2022. All other countries remain current.

What is the most significant movement in the June 2025 Visa Bulletin?
The largest advancement occurred in the EB-2 category for Mexico, the Philippines, and All Other Areas, which moved forward by nearly four months.

Is EB-4 available in June 2025?
No. EB-4 is unavailable for all countries. The annual visa cap was reached in February 2025. This category will reopen in October 2025 when the new fiscal year begins.

Did the EB-5 category change in June 2025?
No. The EB-5 category remains current for most countries. The unreserved subcategory remains at May 1, 2019 for India and January 22, 2014 for China. All EB-5 set-aside categories (Rural, High Unemployment, and Infrastructure) remain current for all countries.

Why does India show no forward movement in EB-2 and EB-3?
India’s backlogs are due to consistently high demand. Its EB-2 and EB-3 cut-off dates have remained stuck at January 1, 2013 and April 15, 2013, respectively.

How much did China advance in the EB-2 and EB-3 categories?
China’s EB-2 cut-off date moved ahead by two months to December 1, 2020. EB-3 advanced by about three weeks to November 22, 2020.

Which EB categories showed any advancement in June 2025?
EB-2, EB-3, and EB-3 Other Worker categories showed movement for all countries except India. EB-1, EB-4, and EB-5 were either unchanged or unavailable.

Can I file my I-485 if my date is current in the Dates for Filing chart, but USCIS is using the Final Action Dates chart?
No. You can only file your I-485 when USCIS authorizes the use of the Dates for Filing chart. In June 2025, for employment-based applicants, USCIS is using the Final Action Dates chart.

STRATEGIC AND ADVANCED QUESTIONS

If I’m outside the U.S., does the Visa Bulletin still apply to me?
Yes. For consular processing abroad, the Final Action Dates chart determines when you can proceed to a visa interview and potentially receive an immigrant visa.

Can priority dates ever move backward again in the coming months?
Yes. If the demand suddenly exceeds expectations, or USCIS needs to slow issuance to stay within visa limits, retrogression may occur even late in the fiscal year.

When does the visa cap reset?
The annual immigrant visa limits reset at the start of the fiscal year on October 1 each year.

What are set-aside categories in EB-5 and why are they important?
EB-5 set-asides reserve portions of the total EB-5 visa allotment for rural, high-unemployment, and infrastructure investments. These subcategories remain current, offering a faster route to permanent residency.

How can I improve my position if my category is heavily backlogged?
You may consider alternative immigration paths such as the EB-5 Investor Program, National Interest Waiver (NIW), or pursuing a family-based petition if eligible.

What should I do if my priority date is close to becoming current?
You should ensure all documents are ready, maintain eligibility, and consult with an immigration attorney to file as soon as your date is current.

Why You Should Consult Immigration Attorney Richard Herman Today

Understanding the June 2025 Visa Bulletin isn’t just about reading charts—it’s about knowing what to do next. Whether your priority date just became current, is rapidly approaching, or remains stuck in a frustrating backlog, this is a critical moment to make informed decisions that could shape your immigration future.

That’s where Attorney Richard Herman and his nationally recognized legal team come in. With over 30 years of experience guiding individuals, families, professionals, and investors through every type of visa challenge, Richard Herman provides more than legal representation—he offers strategy, clarity, and peace of mind.

If you’re:

• Unsure how the latest Visa Bulletin affects your case,
• Facing delays or retrogression in your employment- or family-based category,
• Considering alternatives like EB-5 investment visas, NIWs, or family sponsorship,
• Or simply need help filing your I-485 before your window closes,

Now is the time to speak with a trusted advocate who understands both the legal nuances and the human urgency behind every green card application.

Don’t navigate this alone. Contact Richard Herman for a personalized consultation and let a veteran immigration attorney help you move forward with confidence.

????Schedule your consultation with Richard Herman today

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Next Steps and Resources

Visa Bulletin Page on USCIS.gov – Check which chart to use when filing.

State Department Travel Website – Embassy visa processing updates

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Project Manager H1B Visa Approval, Requirements, Processing

H1B visas are non-immigrant visa types used mostly by employers or businesses within the United States who want to bring workers from foreign countries to occupy job vacancies that requires specialized skills and proficiency. 

This includes all specialty occupations performers, among which project managers, they usually require certain conditions such as a high level of education mainly a bachelor’s degree in a field directly related to the job position which is in this case is project management, as well as other criteria that involve the applicants skills and expertise.

Therefore, in order to apply for an H1b visa, project managers must meet the eligibility requirements and the job vacancy itself must fulfill the specialty occupation standards that are imposed by U.S law. Keep reading for more details.

H1B Visa for Project Manager entry Requirements

To be eligible to apply for an H1B visa as a project manager, the minimum educational level acceptable has to be a bachelor’s degree in the field of project management, as well as an employer-employee relationship with a U.S. employer who is filing the petition for your visa.

Which means that in addition to having a valid job offer in a field directly related to project management it must  also meet the specialty occupation standards, which include the following conditions listed below: 

1. The minimum entry level to the H1B visa programs is having a bachelor’s degree, higher, or its equivalent similarly used by other workers hired to fulfill the same job position that you are applying for in the United States.

In this case it is worth knowing that when evaluating a foreign degree, the U.S rules and regulations allow the consideration of the applicant’s experience, by substituting 3 years of progressive and relevant experience in that specific field, in this case project management as an equivalent of one year of college. 

1. Having a valid job offer with a trustworthy employer in the U.S that fully understands his role and duties in bringing you to the United States, including payment of all application fees and providing you with a sustainable wage commonly paid to US workers occupying the same job position as you, meaning the same wage paid in the area of employment. 
2. Your employer must apply for a certified Labor Condition Application (LCA) from the Department of Labor, this certification includes the terms and conditions of their contract with you as a new project management employee. 
3. Your employer has to demonstrate that he did not find any qualified U.S applicants for the job.
4. You must have the needed skills and expertise to perform the job duties.

The above mentioned are some of the requirements that must be fulfilled in order to be eligible and qualify for an H1B visa for project managers. 

Project Manager H1B Sponsorship Data

Year	Approval Rate	Denial Rate
2022	99.85%	0.15%
2021	99.51%	0.49%
2020	99.92%	0.08%
2019	98.90%	1.10%
2018	99.02%	0.98%
2017	99.14%	0.86%
2016	99.14%	0.86%
2015	98.72%	1.28%

Average prevailing wages and top employers for Project Manager in the U.S

Project Managers earn on average $94,874 in the United States. While the average additional cash compensation is estimated at $10,270, which makes the average total salary of Project Managers in the United States $105,144. More details are listed below.

Company Name	Average Median Salary for H1B visa for Project Manager
Consultadd	$93,185
Tata Consultancy Services	$99,634
Tech Mahindra	$95,659
Accenture	$120,567
IBM	$104,971
System Soft Technologies	$85,689
Compunnel Software Group	$104,076
Atos Syntel	$94,733
Adroit Associates	$80,129
Coforge F/K/A Niit Technologies	$93,643

Project Manager top-hiring Cities

The field of project management in the United States is subject to an estimated 7% growth between 2021 and 2031, with around 70,400 vacancies for project management in some of the top-hiring and highest paying cities in the US, including New York, San Francisco and Chicago, more details are listed below.

Rank	City	Average Salary
1	New York, NY	$126,408
2	San Francisco, CA	$142,808
3	Seattle, WA	$132,944
4	Chicago, IL	$105,061
5	Sunnyvale, CA	$145,710
6	San Jose, CA	$136,951
7	Atlanta, GA	$100,771
8	Houston, TX	$103,969
9	Austin, TX	$109,341
10	Charlotte, NC	$105,109
11	Mountain View, CA	$151,855

H1B visa for Project Manager Basic Processing Information

H1B visa processing usually approximately takes between six to nine months. California and Nebraska Service Centers take on average between 2.5 to 4 or 6 months, the Vermont Service Center however usually takes much longer to process H1B visas.

You can use your USCIS receipt number that is made up of 13 digits to find out where your application is being processed. You may also pay for premium processing which offers 15 day processing time if you wish to speed up the process.

H1B Visa Fees

H1B visa for project manager fees are paid for by the employer. The U.S law forbids the payment of H1B visa fee by the employee except for the premium processing fees which are optional. More details about the type and cost of each fee are listed below.

Type of fee	Amount in $	Paid for by
Registration Fee	$10	Employer
Premium Processing Fee (optional)	$2,500	Employer or  Employee
Public Law 114-113 Fee	$4,000	Employer
Basic Filing Fee	$460	Employer
USCIS Anti-Fraud Fee	$500	Employer
ACWIA Education and Training Fee	$750 (less than 25 employees)$1,500 (more than 25 employees)	Employer
Attorney Fee	Variable	Employer

Get Help From Herman Legal Group

If you are Thinking about applying for an H1B visa for project manager in the U.S, you will surely need the steady hand of an experienced immigration lawyer to navigate the rough waters of U.S. immigration law.

You can seek out professional counsel help from Herman Legal Group, a U.S. immigration law firm with over 25 years of experience in representing individuals, families and companies in all aspects of immigration law, in all 50 states and around the world.

Keep in mind that a consultation can help uncover the winning strategy and bring peace of mind. Schedule a personal consultation with Attorney Richard Herman by calling 1-216-696-6170, or by booking online.  Consultations can be conducted by Zoom, Skype, through the phone,  whatsapp, facetime, or in-office.