H-1B Visa Update: Navigating the Effect on Employers

Category: On Demand

Member Price: $164

Non-Member Price: $205

Product Code: ON501025

Areas of Law: Business, Immigration, Labor & Employment

CLE Credits
NJ CLE:NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 2 hours of total CLE credit (Full Credits Available: NJ General: 2.0).
NY CLE (t&nt):NY Professional Practice Non-Transitional: 2.0
PA CLE:PA Substantive Credit: 1.5
New: No PACLE fee is required for this program. To earn PA CLE credits, a valid PA Bar ID number must be entered into the CLE form provided after attending the program.
Faculty

Keynote

Moderator

David H. Nachman, Esq.
Nachman, Phulwani, Zimovcak Law Group P.C., Ridgewood

Presenters

Snehal Batra, Esq.
Nachman, Phulwani, Zimovcak Law Group, P.C., Raritan
Ludka Zimovcak, Esq.
Nachman, Phulwani, Zimovcak Law Group, P.C., Ridgewood

Presented in cooperation with the NJSBA Immigration Law Section

In recent months, significant policy changes have affected the H-1B visa program. In particular, USCIS has announced that certain H-1B petitions filed on or after Sept. 21, 2025 may require an additional $100,000 payment, subject to exceptions and agency guidance. USCIS has also issued a final rule establishing a weighted selection process for cap-subject H-1B petitions.

In anticipation of the 2026 H-1B visa lottery in March, questions remain about how the new fee will be applied in practice, as well as other emerging developments affecting employers and H-1B professionals. Join this timely and comprehensive seminar featuring immigration law practitioners as they break down recent updates and provide practical strategies for navigating the 2026 H-1B visa lottery process.

Topics include:

  • The applicability of the $100,000 payment: when it applies, what documentation is required and key exceptions (including national interest exceptions)
  • Key considerations when advising employers and professionals potentially impacted by the Proclamation and related guidance
  • Practical guidance for employers on risk mitigation and filing strategies (including RFE trends and best practices)
  • Overview of USCIS’ final weighted H-1B visa lottery system based on pay rates
  • Overview of pending litigation challenging the $100,000 fee requirement and potential operational impacts
  • Other anticipated updates affecting the H-1B cap registration and lottery process