Employers hiring international talent should build backup immigration plans and consider H-1B alternatives amid higher costs, shifting rules, and ongoing uncertainty, a key takeaway from Boundless’ webinar “Beyond Plan A: Navigating F-1/J-1 Changes, H-1B Fees, and the New Sponsorship Landscape.” Boundless Principal Immigration Counsel Tu Castillo and Supervising Immigration Counsel Brittney Quezada-Reed reviewed recent developments and when other visa pathways may be appropriate.
The F-1 and J-1 landscape remains unsettled
The Department of Homeland Security issued a final rule in July to replace the long-standing “duration of status” system for F-1 students, J-1 exchange visitors, and I visa holders with fixed periods of admission. The rule was scheduled to take effect Sept. 15 but was temporarily blocked by a federal judge on Sept. 14; the duration-of-status system remains in place while litigation continues. Employers should also watch increased scrutiny of Curricular Practical Training (CPT). Castillo said schools are taking different approaches, making it important to assess CPT on a case-by-case basis: “I do think that there’s risk,” and employers should “understand the potential risk and have a contingency plan if an employee’s work authorization changes.” For employees with valid work authorization, normal onboarding generally continues, but HR teams should track expiration dates and evaluate longer-term options early.
H-1B costs and legal uncertainty
Employers face two separate developments that could raise H-1B costs. The administration extended for another year a proclamation imposing a $100,000 payment requirement on certain H-1B petitions for workers outside the United States; the implementation of that fee was struck down by a federal district court in June, and an appeals court declined to stay that ruling, with litigation ongoing. Separately, DHS has proposed a $103,265 fee for all cap-subject H-1B petitions in addition to other fees; that proposal is in the federal rulemaking process and is not currently in effect.
When H-1B alternatives may work
Castillo outlined several alternatives employers may consider when an H-1B is unavailable or unsuitable. TN status can be available to Canadian and Mexican citizens in certain professions. J-1 programs may fit some interns, trainees, and research scholars. The O-1 is an option for individuals who can demonstrate extraordinary ability. Which option fits depends on the candidate’s nationality, qualifications, job duties, career history, and the employer; these visas are not interchangeable substitutes for the H-1B. For example, an employee on OPT or STEM OPT may have time to strengthen an O-1 profile or explore another pathway before existing work authorization ends.
The L-1 as a strategic company-level option
The L-1 allows qualifying multinationals to transfer certain employees from a related foreign entity to the United States and does not rely on an annual lottery. Employers may file when company and employee meet the requirements. Quezada-Reed noted the L-1 differs from many alternatives because it is a pathway companies can actively build toward. That requires advance planning around the relationship between U.S. and foreign entities, where employees work, how long they have worked abroad, and whether roles meet L-1A manager/executive or L-1B specialized knowledge criteria. Companies that expect multiple international transfers can benefit from developing an L-1 strategy before urgent needs arise.
Build immigration planning into workforce planning
A central recommendation from the webinar was to start earlier: immigration planning should not begin weeks before an employee’s authorization expires or after an H-1B registration fails. Employers can identify potential pathways sooner by tracking immigration timelines, understanding employee backgrounds, and discussing future sponsorship needs as part of broader workforce planning. With rules continuing to change, having a Plan B — and sometimes a Plan C — gives employers more flexibility to respond without disrupting their workforce. As Castillo put it: “It’s never too early. It is often too late.”
