Employers and Immigration Counsels

General

The H-1B Visa Explained: Understanding the H-1B Visa for Working in the United States. This explainer developed by Boundless covers eligibility criteria, the process employers must follow to petition for the visa, and common questions about the H-1 B visa.  

H-1B Visa and Employment-Based Green Card Filing Fees Breakdown. This guide by Path2Papers provides a general breakdown of the filing fees for H-1B visas and employment-based green cards requiring a labor certification, identifying which fees must be paid by the employer and which can be paid by the employee. 

Breaking Down the H-1B Proclamation: What We Know So Far. This Q&A resource from Path2Papers provides an overview of what is currently known and what is still uncertain following the September 19th, 2025 Presidential Proclamation restricting the H-1B visa program.

H-1B Filing Fees: A Complete Guide for 2025. This resource from the Build Fellowship provides a thorough breakdown of the costs and considerations for H-1B visa filings in 2025.

H-1B vs. Green Card Through PERM: A Quick Comparison. This resource from Path2Papers provides a general comparison between the H-1B and the Green Card process involving labor certification (PERM).

Navigating the H-1B Lottery: A Guide for Employers. This guide from Path2Papers offers an overview of the H-1B lottery and a step-by-step guide for employer registration.

H-1B Visas for Specialty Occupations. This resource by Path2Papers provides an overview of the H-1B visa for specialty occupations, outlining eligibility requirements, application procedures, and employer responsibilities.

Frequently Asked Questions: H-1B Visas for K-12 Institutions.These FAQs developed by Path2Papers provide an overview of how K-12 institutions can utilize H-1B visas for roles like teachers, social workers, and specialized administrative positions and details how the 2024 H-1B Modernization Rule expanded cap-exempt eligibility and clarified specialty occupation definitions for H-1B visas. For K-12 schools, partnerships with universities and a focus on research-oriented activities can increase eligibility for cap-exempt status.

Extreme Consistency: How Employers Can Help Prepare for Extreme Vetting. This resource from Path2Papers outlines how employers can support employees entering the U.S. with a non-immigrant visa, such as an H-1B, who might face heightened scrutiny at U.S. borders.

Cap-Exempt Employers

H-1B Cap Exemptions: Non-Profit Affiliations. This explainer by the Presidents’ Alliance provides an overview of how nonprofit organizations can be exempt from the H-1B lottery if they have formal affiliation agreements with cap-exempt organizations, such as higher ed institutions.

The H-1B Lottery: A Brief Overview of Cap-Subject and Cap-Exempt Employers. This explainer by Path2Papers provides an overview of H-1B sponsorship for employees working with “cap-exempt” employers, who can bypass the usual H-1B lottery and provides common cap-exempt employer scenarios.

A Brief Overview of H-1B “Cap-Exempt” Employers. This one-pager by the Presidents’ Alliance and Path2Papers provides information on  cap-exempt employers, including who they generally are and other cap-exempt scenarios.  

Concurrent H-1Bs

Understanding Concurrent H-1Bs. This explainer created by the Presidents’ Alliance provides an overview of concurrent H-1Bs, demonstrating how individuals working for a cap-subject and cap-exempt employer at the same time can bypass the H-1B lottery.

Build Fellowship. This resource presents the Build Fellowship, a cap-exempt H-1B visa fellowship for foreign nationals who work part-time at partner universities and non-profit research organizations, helping to support their missions. The resource provides guidelines, fellowship requirements, and information for prospective fellows and employers. 

How J-1 researchers can support U.S. companies in the STEM Ecosystem. This guide by the Institute for Progress introduces the J-1 STEM Research Initiative, which permits foreign-born STEM professionals engaged in research and development to reside in the U.S. for up to five years, and describes how these researchers can be placed at U.S. companies to conduct research activities.  

Federal STEM Initiatives: Overview Guides & FAQs. This resource from the American Immigration Council provides FAQs and guidance on U.S. immigration policies concerning STEM professionals. It covers topics such as the Early Career STEM Research Initiative, STEM OPT expansion, visas for extraordinary ability, and national interest waivers. The content is tailored for institutions, employers, and non-immigrant participants interested in U.S. STEM opportunities, offering detailed guidance on immigration processes, policy updates, and practical applications.

J-1 Research Scholar Visa Status: Flexibility for STEM Experts Including Future-Shaping Research Founders. This guide from the Institute for Progress explains how the J‑1 Research Scholar visa enables international STEM researchers and founders to work in U.S. academic or private-sector R&D settings for up to five years. It outlines key eligibility requirements, sponsorship options, and the visa’s flexibility in research roles and funding sources.

J-1 ResearcherUSA website – U.S. Based Companies. This resource from the STEM Research Initiative provides information on how to host Foreign STEM Researchers at U.S.-based companies.

STEM Talent Connect. This  dedicated platform enables U.S. employers to connect with a global pool of highly qualified STEM researchers.

J-1 Research Scholar Visa for H-1B Candidates. These presentation slides from Cultural Vistas provides an introduction to the J-1 Research Scholar visa and comparisons to the H-1B visa program for employers to consider while navigating today’s complex global talent acquisition landscape.

Beyond Ordinary: Understanding the O-1 Visa. This guide from Path2Papers provides an overview of the O-1 visa for individuals with extraordinary ability in the sciences, business, education, athletics, or the arts. It explains the eligibility criteria for both O-1A and O-1B categories, including evidentiary standards and examples of qualifying accomplishments.

O-1A Pathways Tool.  This free online tool that employers can share with current and prospective employees helps professionals quickly determine whether they might qualify for an O-1A “extraordinary ability” visa. The O-1A visa has high standards, but it is within reach for many talented individuals and is an especially good fit for researchers, founders, and experienced professionals. This tool is not a substitute for legal advice.

Extreme Consistency: How Employers Can Help Prepare for Extreme Vetting. This resource from Path2Papers outlines how employers can support employees entering the U.S. with a non-immigrant visa, such as an H-1B, who might face heightened scrutiny at U.S. borders.

Understanding the National Interest Waiver: A Path to the Green Card. This guide from Path2Papers explains how individuals with advanced degrees or exceptional ability can self-petition for a green card under the EB-2 category without needing a job offer or labor certification. It breaks down the three NIW eligibility criteria—showing that the applicant’s work has substantial merit and national importance, that they are well-positioned to advance their endeavor, and that waiving the job offer requirement benefits the U.S.

Bolstering STEM Talent with the National Interest Waiver. This article from the Institute for Progress explores how recent changes to immigration policy are making it easier for advanced STEM degree holders to get green cards—without employer sponsorship—through the National Interest Waiver (NIW).