What US work visa can I get instead of the H-1B, which currently costs $100,000? A lawyer's advice.
On September 19, the Donald Trump administration introduced a $100,000 fee for filing applications for H-1B work visas.After September 21, employers filing new petitions for this visa for specialists abroad must pay it. The fee does not apply to petitions filed before September 21, nor to extensions of previously issued H-1B visas. This change has caused a lot of controversy, as well as a wave of outrage and concern. Forum Daily asked immigration attorney Ekaterina Muratova to comment on the situation and discuss alternatives to work visas.
"The H-1B visa only applies to professionals. Applicants must have at least a bachelor's degree, meaning it was originally designed to prevent unskilled workers from being brought into the country. Because of the annual quota, which added uncertainty and a lottery element, this visa was unpopular with employers, employees, and lawyers. Therefore, only highly paid, highly skilled professionals, who are difficult or impossible to find in the US, could apply for this visa. Against this backdrop, the administration's claims of abuse sound a bit odd. No one could abuse this visa because of the annual quota. 60 visas per year for a country of 300 million people is absolutely nothing. And even if the fee were zero, no employer would make the effort to find and bring a foreign worker to the US if there are plenty of American citizens capable of doing the job," Muratova explained.
She noted that these highly skilled foreign workers typically train U.S. citizens to do jobs they were not originally qualified to do: “So many people come here to exchange experiences, which is actually beneficial to America.”
Muratova emphasized that these highly qualified employees have job offers from various countries, and there are currently many similar visa programs to attract highly qualified employees in Europe and Asia. After the introduction of the fee, they will most likely go to work and share their experience elsewhere, outside the United States.
On the subject: EB 2 National Interest Waiver Visa: How Business Owners Can Get a Green Card
"It turns out that people will start going and working for the benefit of other countries while the US has low-skilled workers and there won't be professionals who can quickly train these low-skilled workers," Muratova concluded.
She noted that such a high price barrier could be prohibitive for small companies, startups, and universities that bring people to the United States to conduct specific scientific research.
What are the alternative work visas?
| Visa | To whom does | Basic requirements / how to get | Cost (approximate) |
| H-1B (cap-exempt) | For work in universities, non-profit research centers, and organizations associated with universities | No lottery; application is the same as H-1B, but with proof of employer status | $2000–$4000 (employer pays; lawyer ~$2) |
| L-1 (Intra-company transfer) | For employees transferring to the US office; managers and specialists | 1+ year of employment in a foreign branch; employer files a petition | $3000–$6000 (including lawyer) |
| O-1 (Extraordinary Ability) | For professionals with outstanding achievements (science, art, business, sports, media) | Evidence of achievement; employer/agent files petition | $ 3000– $ 8000 |
| TN (USMCA/NAFTA) | For citizens of Canada/Mexico | The position must be on the PN/Professions list, and the education must be appropriate. | $200–$500 (very cheap if you don’t have a lawyer) |
| E-1 / E-2 | trade/investor visas under contracts | Citizens of countries that have relevant treaties with the United States. E-2 – investors who invest significant capital in a business in the United States; E-1 – trade relations. | State fee ~$205 + investment from $100k+; lawyer ~$5k–$10k |
| EB-2 NIW (National Interest Waiver) | Specialists with a Master's degree/PhD; no employer required | Prove a "significant contribution" to U.S. interests; self-submission | State fee ~$700; lawyer $5k–$8k |
| EB-1 (Extraordinary Ability/Manager) | Scientists, top managers, world-class artists | Evidence of international recognition | State fee ~$700; lawyer $8k–$12k |
As the table shows, both immigrant and nonimmigrant visas can be alternatives to the H-1B. Some may qualify for a talent visa or EB-1(A), but it's important to understand that these are a small percentage of professionals, as they must demonstrate exceptionalism, exceptional abilities, and international recognition. The rest should consider other options.
"Citizens of post-Soviet countries should pay attention to E-2 visas. Those who have opened a business here and obtained an E-visa (E-1 or E-2) can bring employees who are citizens of the same country into the country, without having to prove their uniqueness or exclusivity. The E-2 visa is not suitable for citizens of Russia, Belarus, or Uzbekistan (these countries do not have relevant treaties with the United States), while other post-Soviet countries are eligible. However, I emphasize: the founders themselves must be in the United States on an E-2 visa," Muratova emphasized.
The next alternative is the L visa for transferring employees of international corporations. If the company operates outside the US, employees can be transferred to the US from a branch in another country. These employees must be either senior management or individuals with specialized knowledge.
"Management may not be numerous in every company. But if we're talking about the IT sector (which will be most affected by the new H-1B visa restrictions), these are people with specialized knowledge whom companies can transfer between their branches. Incidentally, this will be the most practical option when it comes to nonimmigrant visas," noted Ekaterina Muratova.
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Another option is EB immigrant visas. The good news is that the quota for some of them is currently open. This means that as soon as an EB-1 petition is approved, a person can immediately apply for a green card. With EB-2 (National Interest Waiver), things are not so rosy—the quota is closed, and there is a waiting list, with waiting times currently around two years. This means that you can still apply, but if approved, you won't be able to adjust your status in the US or obtain a green card until your turn comes.
"We expect the queue and wait times to grow. This is because many highly skilled professionals who were on the H-1B will now be applying for the EB-2 (National Interest Waiver). So if you've been considering this program but haven't had time to gather the necessary documents and complete them, don't delay!" advises Muratova.
Other options are possible in each individual case, but each situation needs to be assessed individually. For a personalized consultation, please contact Ekaterina Muratova.
Material prepared in partnership with
Catherine Muratova Immigration Center
Phone: +1 (305) 778-7198
Email: [email protected]
www: https://www.icemlaw.com/ru
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