Possible changes to H-1B and L-1 visas: What companies should know now

In September 2025, the new 100,000 dollar fee for H-1B applications came into force. It is now clear that, although this fee applies exclusively to new H-1B Application procedure Nevertheless, this represents a considerable additional burden for many companies and organizations in the USA.

A lawsuit has already been filed against the measure - several employers, universities and non-profit organizations in the USA see the fee as a threat to innovation and competitiveness. The ongoing proceedings could delay, change or even prevent its implementation.

At the same time, the Department of Homeland Security (DHS) is planning new regulations that would H-1B system could change structurally:

• Reform of the H-1B program:
  Among other things, stricter verification requirements, higher salary levels, increased location checks and measures against multiple registrations in the lottery process are planned.
• Realignment of the H-1B lottery process:
  In future, applications will no longer be prioritized purely at random, but more strongly according to salary level or qualification level.

Both drafts are part of the official Regulatory Agenda of the US government and are still in the planning phase.

Parallel to the government bills, the Grassley-Durbin Act is before Congress - a proposed law that would cover the entire H-1B and L-1 system would be profoundly restructured.

Senators Chuck Grassley (Republican, Iowa) and Dick Durbin (Democrat, Illinois) have been campaigning for stricter rules and more transparency in the work visa programs for many years. Several similar reform initiatives have been introduced by the two in the past, but have not been passed in Congress. The current draft takes up these earlier initiatives and expands them to include additional control and verification requirements.

The declared goal remains the same: to prevent abuse and bring the programs back closer to their original intention - the targeted deployment of highly qualified international specialists in areas with a proven need.

Among other things, the draft provides for H-1B visas:

• More binding requirements for the applicant's specialization and qualifications (e.g. that a degree is directly linked to the professional activity).
• Reduction of the maximum duration of stay to three years (with exceptions for Green Card processes).
• Introduction of a prioritization system (e.g. according to salary or US degree), instead of a purely random procedure (lottery).
• Stricter rules for offsite assignments (third-party placements), e.g. even stricter restrictions on outsourcing at the customer's premises.
• Abolition of the B-1 in lieu of H-1B category
• Expansion of DOL and DHS audit and review authority - possible annually and without warning.

The Grassley-Durbin Act also affects the L-1 visa, which is used for intra-company transfers of managers and specialists. In their opinion, the requirements here will increase significantly in the future.

Key points for L-1 visas:

• Stricter admission criteria: Companies must provide even more detailed evidence that posted employees have specialized, company-related knowledge that cannot easily be replaced by US employees (L-1B).
• Restrictions for "offsite" assignments: The deployment of L-1 employees at client or partner companies should no longer be permitted, or only in very limited exceptional cases (by means of waiver applications).
• New requirements for "New Office" petitions: For newly established US branches, more extensive evidence of the operating plan, equipment and business development is required
• Wage requirements according to length of service: After one year in the USA, L-1 employees must receive the highest of several salary benchmarks, such as the regional median wage or the "prevailing wage". To date, the L-1 program has not imposed any restrictions or requirements with regard to salary levels.
• Protection against the displacement of US workers: Employers should ensure that L-1 transfers do not replace U.S. employees - either in the 180 days before or after the assignment.
• Extended audit and sanction powers: Labor and safety authorities (DOL, DOS, ICE) are given more rights for unannounced audits, site inspections and penalties for violations.

The reform does not aim to abolish the L-1 program, but rather to increase its regulation. The visa would remain an instrument for intra-company transfers, but would be associated with even higher hurdles and more comprehensive verification and reporting obligations.

While the Grassley-Durbin Act has a realistic chance of serious debate in Congress due to its bipartisan support, its final implementation remains open.
Trade associations and technology companies have already signaled that they will lobby for changes or weakening in the legislative process.

In addition, the measures already in place, such as the 100,000 dollar fee and the planned DHS regulations, could initially reduce the political pressure for a comprehensive reform.
Even if the bill is formally debated in Congress in the coming months, it would have to pass both the Senate and the House of Representatives before it can be signed by the President.

In view of this, legal implementation is not considered realistic until 2026 at the earliest. Companies should therefore follow developments closely, but with a sense of proportion.

The discussed reforms to H-1B and L-1 visas may have a noticeable impact on international HR strategies in the future. Companies should therefore prepare for possible changes at an early stage and adapt their processes in good time.

1. Check current visa and personnel structure
   
   Analyze existing H-1B and L-1 cases: Which employees are affected, which extensions are pending and where are there potential risks with regard to new requirements or test procedures? An up-to-date overview makes it easier to react flexibly to changes.
   
   
2. Plan new applications in good time
   
   If you want to hire new skilled workers via an H-1B or L-1 visa, you should contact the application submission and documentation. Careful planning helps to avoid delays or rejections - especially if stricter test criteria are to be introduced.
   
   
3. Check alternative visa options
   
   In view of the reform efforts, it may make sense to consider alternative US visas - such as the O-1 Visa for particularly qualified specialists or E-Visa for investors, managers and specialists. A diversified visa strategy reduces dependencies on individual programs.
   
   
4. Obtain legal advice and compare strategies
   
   Ongoing developments require close coordination with experienced US immigration specialists. Companies should ensure that internal guidelines, contract templates and HR processes comply with current requirements and are adapted as necessary.
   
   
5. Adapt long-term personnel strategy
   
   Those who continue to rely on international talent in the future should regularly monitor regulatory developments and prepare scenarios for different legislative outcomes. A flexible HR strategy creates room for maneuver and secures competitive advantages.

US visa policy is in a phase of realignment. The combination of the 100,000 dollar fee and the reform proposals under discussion - in particular the Grassley-Durbin Act - signals a possible tightening of the framework conditions for Work visas.

However, a concrete implementation of these reforms is not yet foreseeable.

Until then, the legal status quo will remain in place. Companies should follow developments closely without rushing into short-term measures. The key is to be prepared when the political momentum picks up.

As a specialized agency for US visas We continuously monitor all legislative and regulatory processes and adapt our consulting strategies accordingly. Companies are well advised to seek professional support at an early stage in order to identify opportunities, minimize risks and remain capable of acting when faced with new requirements.