How High-Tech H-1B Work Visas May Be Impacted

 Posted on April 08, 2025 in Immigration

The H-1B visa is a work visa classified under temporary or specialty visas. A foreign national with specialized skills and education can work in the United States under an H-1B visa for a total of six years, with a three-year initial period and an additional three-year extension. As the new administration changes virtually every aspect of prior immigration policies, confusion is the overall result.

Although no industry is immune from these breakneck-pace changes, the high-tech sector has been especially impacted. The developments expected to unfold for H-1B workers in the coming months are more fully detailed below. If you or a loved one is in danger of deportation or you are unsure about a status that is in the works, it is important to speak to an experienced Plano, TX immigration attorney.

What Changes May H-1B Visas See?

It is expected that many more changes will occur across all immigration issues. H-1B visas could see the following changes in the near future:

• More audits of Form I-9s are expected, even though the high-tech sector has rarely faced such issues since it is mostly comprised of highly skilled engineering, finance, and white-collar management professionals.
• US Citizenship and Immigration Service (USCIS) will be upping investigations of potential fraud by companies that sponsor work authorizations.
• Confirmations by USCIS will be sought to ensure that all companies are properly following the H-1B employment requirements.
•  Checks to determine whether H-1B employees are actually employed at locations specifically mentioned on their sponsorship will be undertaken.
• The Fraud Detection and National Security (FDNS) will increasingly make site visits for inspections of officers and contractors and will inspect the H-1B employee’s workstation and payment history.  
• Because of all the government employee layoffs, we will likely see longer adjudication times for H-1B high-tech work authorization sponsorships.
•  Increased vetting of all employment-based immigration sponsorships, including H-1Bs, and longer wait times for renewal applications.

The only way currently to speed up the H-1B process is to pay an additional $2,805 premium processing filing fee that will speed up the adjudication to 15 business days. However, this is a large amount, particularly for organizations that hire hundreds of H-1B workers each year. With the US currently adding 85,000 new H-1B employees to the workforce each year, US employers may not be able to find enough American workers to fulfill these high-tech positions.

Current H-1B Requirements

As noted, only 85,000 H-1B visas are awarded each year, 65,000 "regular" and 20,000 are reserved for those with higher education degrees. Eligibility requirements for an H-1B visa include:

• The salary must meet the Department of Labor's current prevailing wage standards.  
• The field of study for the H-1B applicant should be highly relevant to the actual job position.
• The job must be advanced, complex, or professional.
• The individual cannot apply independently; the H-1B application must be filed by the employer.
• The applicant for an H-1B visa must have received at least a Bachelor’s degree. If the degree was not obtained in the United States, it must be certified and verified.
• In some cases, professional training or relevant work experience may substitute for a required degree, with three years of relevant work experience being equivalent to one year of university education.

Contact a Dallas, TX Immigration Lawyer

If you are currently in the US on an H-1B visa, your visa is up for renewal, or you have an H-1B visa in the works and are worried about the changes to immigration, speak to a skilled Plano, TX immigration attorney from Law Office of Jae Lee to help you determine what you need to do. Attorney Lee works directly with his clients and can work remotely when necessary. To schedule your free consultation, call 214-295-3014.