This article is about Justworks PEO and Payroll. What product am I using?
|
Recent H-1B Visa Updates: Effective September 21, 2025, a new proclamation by President Trump requires employers to submit a one-time $100,000 fee for all new H-1B visa petitions, including those for the upcoming 2026 lottery. This fee does not apply to employees who already have H-1B status or whose applications were filed before this date, and those with valid H-1B visas can continue to travel freely in and out of the U.S. without restrictions. Looking ahead, employers should anticipate potential litigation related to this proclamation. Employers should monitor these updates closely, maintain clear communication with impacted employees planning international travel, and consult with immigration counsel to assess and mitigate potential impacts. Please view more detail on the Proclamation's impacts here. |
The H-1B visa is a U.S. non-immigrant visa that allows employers to sponsor foreign professionals in specialty occupations to work temporarily in the U.S., and is commonly seen in technology, engineering, and healthcare industries. This allows employers to remain competitive by having access to global talent in specialty occupations. In order to qualify for sponsorship, the employee must hold a position that requires at least a bachelor’s degree or equivalent experience in their field of specialization.
How do I sponsor a prospective employee for H-1B work authorization status?
If you’re looking to hire a candidate who will need an H-1B visa, the first step should always be to engage the services of an immigration law firm. They will gather all the information and documentation that is required in the application process.
The employment letter is a key document that will indicate the exact duties of the role, a detailed description of the position requirements establishing it as a specialty occupation, and compensation that is befitting of a specialty role.
Will my company’s co-employment relationship with Justworks affect the sponsorship of the H-1B visa petition?
When a Justworks customer sponsors an employee for an H-1B visa, the customer will be the appropriate petitioner for the H-1B visa. This is because the customer is the actual employer who retains full control and discretion over employment decisions and the work of the employee as part of the co-employment relationship.
Although the paycheck is issued through Justworks, this does not change which party is the petitioner. It would be appropriate, however, to include a letter in support of the petition, a description of the PEO relationship, and how the employee will be paid. Your Customer Success Manager or our 24/7 Support team will be able to provide this letter upon request.
Does it cost me anything to sponsor these visas?
While costs may vary, historically, the average H-1B visa costs for an employer have ranged from $6,000 to $8,000, depending on the business type, which includes various filing and legal fees. Beginning September 21, 2025, employers are also subject to a separate, one-time payment of $100,000 for each new H-1B petition.
What happens after the application is submitted?
By far the biggest obstacle facing employers who submit H-1B visa applications on behalf of foreign workers is the H-1B lottery, which is a random selection process used by the government to decide which employers can file a full H-1B petition since the number of applications far exceeds the annual cap on available visas. Once a registration is submitted and the lottery is conducted, only those with selected registrations can then proceed with filing a full H-1B petition with U.S. Citizenship and Immigration Services (USCIS) for final approval.
What if my prospective hire is already working in the U.S. on an H-1B visa sponsored by another company?
If you’re looking to hire a candidate who is already in the U.S. on an H-1B visa, they can ‘port’ the visa sponsorship from their current employer to your company by submitting a request for an H-1B transfer. This formally establishes your company as the sponsor of the visa. This can take 3-6 months or more, but usually USCIS makes expedited processing available for this particular service.
Disclaimer
This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.