For applicants planning to file H-1B visas in the future, what practical steps should employers and visa beneficiaries take to prepare for what many describe as a “higher evidentiary bar”? Immigration attorney Kevin J. Andrews offers a four-point strategy for improving the chances of H-1B approval.
As new H-1B policies begin taking effect, the U.S. immigration landscape continues to move towards tighter immigration rules and an increased vetting environment. The fiscal year 2026 saw an unprecedented $100,000 fee for certain offshore H-1B petitions.
The new fee has become a major point of concern for both employers and employees planning future H-1B filings. Explaining how companies should navigate the rule, Kevin J. Andrews, founder and principal attorney of Maryland-based Kevin J. Andrews Law LLC, said, “The employers should first budget around the $100,000 fee.”
Andrews also clarified an important detail that is often misunderstood—who exactly the fee applies to and which petitions remain exempt. “The September 19, 2025 Proclamation imposes the fee on H-1B petitions filed at or after September 21, 2025 for beneficiaries outside the United States who do not have a valid H-1B visa,” he told The American Bazaar.
“The fee does not apply to petitions for amendment, change of status, or extension of stay for beneficiaries already in the U.S. in valid status, provided the petition is granted.”
However, Andrews said there is another important detail employers and applicants should be aware of. Under USCIS guidance issued on Oct. 20, 2025, if such a petition is denied and later converted to consular processing, the fee would still apply. “That nuance is critical and frequently misreported,” Andrews said.
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Beyond the fee issue, Andrews emphasized that employers must also audit Labor Condition Applications (LCAs) for Project Firewall compliance. Explaining where scrutiny is likely to intensify, he said, “The area where I expect to see the most movement is wage-level documentation, duties-to-wage consistency, and attestation accuracy.”
As immigration policies continue to evolve rapidly, both employers and applicants are preparing for stricter scrutiny, higher compliance standards and more detailed documentation requirements. Attorneys are urging companies and H-1B beneficiaries alike to begin preparations early, as the new rules are expected to make the process more documentation-heavy—and more expensive for Lawyers say employers should focus on maintaining accurate wage records, detailed job documentation and clear explanations linking a candidate’s degree to their role. Andrews emphasized that companies should also strengthen documentation for third-party placements well before receiving a Request for Evidence (RFE).
“Thirdly, I would say, to build consistent third-party placement documentation on the front end rather than waiting for an RFE. End-client letter, master services agreement, work orders with project-level detail, the third party’s degree requirements for the position, supervision evidence, end-client point of contact,” Andrews said.
“The Modernization Rule made the third party’s requirements ‘most relevant,’ and that is both an opportunity and a documentation expectation.”
Another key area employers should pay attention to, Andrews noted, is clearly documenting the “logical connection” for interdisciplinary roles. “Don’t make the adjudicator infer the bridge between the degree field and the duties. State it. Cite specific coursework. Tie it to the SOC code rationale,” he said.
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Beneficiaries, too, must be proactive about compliance, according to Andrews. “Beneficiaries must take care of three things — maintain status documentation cleanly: I-94, prior approval notices, pay records, travel history,” he said.
Andrews also pointed to heightened federal scrutiny. “USCIS announced the establishment of the Atlanta Vetting Center on Dec. 5, 2025, which will centralize enhanced vetting once fully operationalized, with AI-assisted screening prioritized for applications from countries designated under the June 4, 2025 Presidential Proclamation.”
Although India is not among the countries on that list, Andrews warned that all petitions still undergo standard background and identity verification, and gaps in status documentation can create problems regardless of nationality.
For senior professionals affected by the new $100,000 fee on offshore petitions, Andrews said alternative immigration pathways should be explored early. “The combined O-1 approval rate ran near 94 percent for most of FY2025 before dipping in Q4. The pathway is still viable but the documentation expectations are approaching what EB-1A demands,” he said.
“NIW remains viable for advanced-degree professionals with national-interest impact. EB-1A and EB-1B for those at the top of their fields.”
His final advice for H-1B holders: maintain status documentation meticulously and “do not assume deference will save you on extension.”