O-1 and L-1 Visas Gain Traction After H-1B Fee Jump to $100K

(UNITED STATES) The United States 🇺🇸 skilled‑worker visa system has shifted dramatically after President Trump signed an executive order and proclamation that took effect on September 21, 2025, imposing a historic H‑1B fee hike to between $100,000 and $152,000 per application. The change applies to both new filings and renewals, and is paired with tougher wage rules and closer review of petitions.

As costs soar, employers and foreign professionals are quickly turning to O‑1 visas and L‑1 visas as primary alternatives, while a small, elite tier is exploring new “Gold Card” and “Platinum Card” options tied to a $1 million fee. According to analysis by VisaVerge.com, the move is already reshaping hiring plans at large tech firms and pushing smaller employers to reconsider their recruitment strategies.

Administration rationale and enforcement focus

The executive action is framed by the administration as a way to “protect American jobs” and ensure employers bring in only top‑tier talent. Key enforcement signals include:

• The Department of Labor is moving to raise required wage levels for H‑1B roles.
• Federal agencies are signaling increased scrutiny of petitions, especially those from IT outsourcing companies.
• Officials have set the new $100,000 fee for an initial 12‑month period, with the option to extend after review.
• There are limited exemptions for roles deemed in the “national interest,” granted at the discretion of the Secretary of Homeland Security.

These elements combined have left employers budgeting for far higher costs while watching for legal challenges that some experts predict will test whether such steep fees can be set without action by Congress.

Who is most affected

Major sponsors—including global tech giants and consulting firms—face immediate budget shocks. Key impacts:

• Indian and Chinese professionals, who historically made up the bulk of H‑1B recipients, are among the most affected.
• Small businesses report that the fee alone may close off the H‑1B path entirely.
• The H‑1B cap remains 85,000, but the total cost is now many times higher than past fees, changing the economic calculus overnight.

Employers are exploring whether they can instead qualify candidates under O‑1 “extraordinary ability” rules or use intracompany transfer L‑1 categories for staff already working at affiliated offices abroad.

Immediate operational fallout

The immediate operational impact is stark:

• Companies with queued petitions are doing cost‑benefit reviews.
• Immigration counsel are fielding urgent calls from HR teams adjusting offers and timelines.
• Some H‑1B and H‑4 families are rethinking travel after advisories urged postponing international trips until agencies provide more guidance.
• Enterprises are revisiting headcount plans, weighing offshore builds, and redeploying candidates into roles that might fit O‑1 or L‑1 criteria.
• Startups that once relied on the H‑1B lottery now consider pausing U.S. hiring of foreign graduates or shifting new work to teams abroad.

Policy changes overview

Under the new policy:

• Every H‑1B petition now requires $100,000–$152,000 in government fees, a massive jump from prior levels.
• The Department of Labor’s wage updates require higher pay to meet compliance.
• Agencies will focus more sharply on firms seen as heavy H‑1B users, particularly in information technology services.
• The national interest exemption exists but is narrow and discretionary.

At the same time, the White House unveiled premium tracks labeled “Gold Card” and “Platinum Card,” offering expedited processing and exclusive privileges for a $1 million fee. Details are limited publicly, and these tracks are aimed at ultra‑high‑skilled or high‑net‑worth individuals.

The government has set a 12‑month period for the $100,000 H‑1B fee, with a formal review planned. Legal experts anticipate lawsuits challenging both the fee size and the implementation process. Supporters say the changes curb misuse and prioritize U.S. workers; multinational employers warn the moves will encourage offshoring rather than increased U.S. hiring.

Why employers are shifting to O‑1 and L‑1

With increased fees and uncertainty, many employers are triaging cases:

• Identifying mission‑critical H‑1B cases that cannot be delayed.
• Screening for O‑1 and L‑1 eligibility before authorizing H‑1B spend.
• Reviewing wage levels and budgets for compliance.

Immigration counsel note that O‑1 and L‑1 categories have no annual cap, no lottery, and offer faster premium processing—advantages in a time‑sensitive hiring market.

O‑1: overview and cost

The O‑1 is for individuals who show extraordinary ability in sciences, arts, education, business, or athletics.

• Typical evidentiary standards: major awards, press coverage, critical roles, publications, patents, expert letters.
• Petition channel: Form I‑129.
• USCIS filing fee (2025): $705 for O‑1.
• Premium processing (Form I‑907): $2,805.
• Typical attorney fees: $3,000–$8,000.
• Typical total cost: $4,000–$12,000 depending on complexity.

Benefits:
– No cap and no lottery.
– Renewals often in one‑year increments.
– Spouses/children can accompany on O‑3 status.

Tradeoffs:
– High evidentiary standard—suited for top performers, not most entry‑level or mid‑career specialty‑occupation roles.

L‑1: overview and cost

The L‑1 is for intracompany transfers within multinational groups.

• L‑1A: managers and executives.
• L‑1B: employees with specialized knowledge.
• Petition channel: Form I‑129.
• USCIS filing fee (2025): $1,385, plus $500 fraud prevention fee.
• Premium processing (Form I‑907): $2,805 (optional).
• Typical attorney fees: $3,000–$7,000.
• Typical total cost: $5,000–$12,000.

Benefits:
– No cap and no lottery.
– Recognizes dual intent—worker can pursue a green card while in L‑1 status.
– Spouses on L‑2 may work in the U.S.

Limits:
– Requires at least one full year employed abroad by a related entity—non‑starter for firms without foreign affiliates.
– L‑1B specialized knowledge standard can trigger Requests for Evidence, especially in staff‑augmentation models.

How companies are sorting candidates

Immigration teams describe an internal sorting process:

1. Screen elite profiles for O‑1.
2. Review candidates with foreign affiliate experience for L‑1.
3. Reserve H‑1B only for roles that are mission‑critical or plausibly fit a national interest exemption.

The H‑1B cap of 85,000 remains, but the fee levels create a strong push to avoid the category except when necessary.

Sectoral and international mobility effects

• Indian IT firms face acute disruption; India accounted for a majority of H‑1B beneficiaries in 2024.
• Individual workers are weighing O‑1 and L‑1 routes or relocation to Canada 🇨🇦, Europe, or Australia.
• Employers warn talent will follow the path of least resistance, potentially shifting where teams cluster globally.
• Supporters of the policy say it raises the bar for sponsorship; critics argue it risks pricing out small and mid‑size firms and pushing jobs overseas.

Practical impacts and next steps for employers

Human stories illustrate the change:

• A startup in Austin may lose a quarter of runway sponsoring two H‑1B engineers.
• A Seattle cloud provider paused non‑critical H‑1B amendments while shifting hiring to L‑1B and O‑1 filings.
• A Midwestern health tech firm is not pursuing new H‑1B hires at current prices and is partnering with a Toronto firm to host roles.

Immediate actions employers are taking:
– Budget for $100,000–$152,000 per H‑1B petition and require executive sign‑off.
– Screen roles first for O‑1 and L‑1 potential.
– Track Department of Labor wage changes and adjust offers.
– Prepare for increased scrutiny and heavier documentation.
– Consult counsel about national interest exemption possibilities.
– Issue travel guidance to H‑1B/H‑4 staff until rules are clarified.

Practical steps for workers

Workers considering alternatives should:

• Gather O‑1 evidence: awards, publications, patents, media coverage, expert letters.
• For L‑1: confirm overseas employment history, detailed job descriptions, and organizational charts.
• Monitor advisories and avoid non‑essential international travel until guidance is clear.
• Consider premium processing where timing is critical.

Key government forms:
– Form I‑129 (Petition for a Nonimmigrant Worker) — for both O‑1 and L‑1 cases. Official form: Form I-129
– Form I‑907 (Request for Premium Processing Service) — optional fast track: Form I-907

USCIS H‑1B resource:
– For broader background on H‑1B rules and updates: USCIS H-1B Specialty Occupations

Cost comparison (at a glance)

These figures highlight that even with legal fees, O‑1 and L‑1 filings are a fraction of the current H‑1B government cost. The tradeoff is eligibility—O‑1 needs standout achievements; L‑1 needs a multinational and one year abroad.

Documentation and compliance priorities

Counsel advise preparing for more documentation requests:

• Include detailed job descriptions and evidence of degree/specialty alignment (H‑1B).
• Provide thorough proof of extraordinary ability (O‑1).
• For L‑1, document managerial/executive duties or specialized knowledge and one‑year overseas employment.
• Conduct internal audits of job titles and wage levels to reduce risk of denials or delays.
• Map timelines carefully—family travel, school calendars, and project schedules can be affected.

Important: The 12‑month period for the fee means courts or agencies may alter fees or procedures. Expect agency guidance clarifying the national interest exemption and wage floors; expect litigation that could affect timing and cost.

Strategic choices going forward

For most employers and workers, the immediate choices are:

• Pursue O‑1 where a candidate’s record shows sustained excellence.
• Use L‑1 when the company has the global footprint and the worker has the required overseas year.
• Pay the H‑1B price only for roles that are truly business‑critical or plausibly fit a national interest exemption.
• Shift roles abroad or pause hiring if neither alternative fits.

Recruiters, HR, and finance teams are already running scenarios to balance U.S. and global headcount, time‑to‑hire, and total cost.

Final takeaway

The H‑1B fee hike has reordered the market in 2025. In practice, that means:

• More O‑1 evaluations for standout candidates.
• More L‑1 transfers for multinational teams.
• Fewer routine H‑1B filings unless roles are business‑critical or fit a narrow national interest lane.

For now, employers and workers must act case by case—assessing eligibility, updating budgets and playbooks, and preparing for continued legal and administrative developments. The choices made this year will influence where talent and innovation cluster for years to come.