North America: Immigration

For employers and F-1 employees transitioning to cap-subject H-1B status, October 1 is no longer the definitive deadline. With expanded cap-gap periods and varying petition statuses, HR departments must understand when H-1B status actually begins, how work authorization continues during pending petitions, and what compliance steps are required. This practical guide clarifies the critical differences between approved and pending H-1B cases and provides actionable steps for managing the F-1 to H-1B transition

The U.S. Department of Homeland Security has proposed a substantial $103,000 fee for cap-subject H-1B visa petitions, potentially creating significant financial barriers for employers, particularly small businesses. Meanwhile, the Department of State has paused immigrant visa processing across 75 countries for consular officer training, following a federal court decision that vacated the Administration's previous suspension of immigrant visa issuance.

U.S. Citizenship and Immigration Services has begun issuing Requests for Evidence on H-2B visa petitions to examine past criminal matters involving foreign national workers, even for minor or old offenses. This emerging trend is leading to additional scrutiny, delays, and biometrics appointments that employers must be prepared to navigate.