A CIO primer on U.S. work visas

The U.S. government's new $100,000 filing fee per petition has prompted CIOs and tech leaders to reevaluate their hiring strategies. Must they pay up, or is it time to rethink how businesses can access top global tech talent?  

The H-1B visa is a primary U.S. work visa for highly skilled foreign professionals, and is especially common in the technology, engineering and research sectors. Traditionally, it was the primary pathway for bringing international tech talent into the U.S., although it's subject to an annual lottery and stringent compliance regulations. In September 2025, the U.S. government announced a new $100,000 filing fee per new H-1B petition, aiming to discourage mass applications. The fee will only apply to new hires outside of the U.S., with current H-1B holders in the country remaining unaffected. 

The sharp increase in cost has made H-1B sponsorship far less accessible for most employers, pushing companies to explore alternative visas for their employees.  

The new visa toolkit

With the cost of sponsoring new H-1B visas soaring to $100,000 per employee, many CIOs are re-evaluating how they bring international tech talent into the U.S. Fortunately, the H-1B is not the only pathway available.  

A range of alternative visas can help organizations maintain access to global expertise while keeping costs and compliance risks manageable. These alternatives include:  

1. The O-1 visa (individuals with extraordinary ability or achievement) 

The O-1 visa is available for professionals who can demonstrate exceptional achievement in their field. These are typically top-performing professionals from STEM fields. Employees must demonstrate a track record of distinction. This can include awards, publications and press coverage.  

Cost: $460 filing fee, plus legal fees 

Pros:  

• No lottery.  

• Granted for up to three years, with unlimited extensions. 

• Flexible criteria.  

Cons:  

• Extensive evidence is required to prove extraordinary ability. 

• No direct path to a green card.  

• No work authorization for spouses. 

2. L-1 visa (intra-company transfer) 

With the L-1 visa, companies can transfer talent from their international offices to the U.S., typically for managerial and executive positions. It's a common pathway for global firms with offshore teams. The U.S. branch submits Form I-129, and the employee must have spent at least one full year working for the foreign office in the last three years. 

Cost: $1,385 for base government filing fees, plus legal fees.  

Pros:  

• No degree requirement.  

• Allows dual intent for employers who are seeking a green card.  

• Eligible family members can join the primary visa holder in the U.S. 

Cons:  

• Expensive legal fees.  

• Extensive documentation required.  

• Limited to companies with qualifying overseas operations.  

3. TN visa (treaty national visa) 

The TN visa is exclusively available to citizens of Canada and Mexico under the United States–Mexico–Canada Agreement (USMCA). The visa enables professionals from the outlined accepted fields (including accounting, engineering and science) to work in the U.S. for a U.S. employer on a temporary basis. The visa is typically valid for up to three years, but can be renewed indefinitely.  

Cost: Varies depending on case complexity and the applicant's nationality, ranging from $500 to $10,000.  

Pros:  

• Fast turnaround. 

• Inexpensive for Canadian applicants applying directly at the border. 

• Renewable indefinitely.  

Cons:  

• Only available for Canadian and Mexican nationals.  

• Jobs must match a USMCA-listed profession.  

• TN visa holders cannot have dual intent and cannot pursue a green card.    

4. EB-1 visa  

The EB-1 is a U.S. employment-based green card. Similar to the O-1 visa, the EB-1 visa focuses on individuals with extraordinary ability; however, it differs in that it provides permanent residence in the U.S., whereas the O-1 visa is a temporary work visa that provides authorization for specific projects or employment. The EB-1 visa is split into three categories:  

1. EB-1A - extraordinary ability. 

2. EB-1B - outstanding professors and researchers. 

3. EB-1C - multinational executives and managers. 

Cost: Government filing fees $715, plus legal fees.  

Pros:  

• Direct path to permanent residency.  

• Can be self-petitioned.  

• Faster process with no labor certification needed. 

Cons:  

• Rigid eligibility requirements.  

• Extensive documentation requirements.  

• Not suitable for entry-level or mid-level technical staff.  

5. F-1 OPT visa (Optional practical training) 

The F-1 visa is for international students and permits them to pursue academic studies in universities and colleges in the U.S. The F-1 OPT visa enables international students who have completed their degrees less than the F-1 program to be employed in a field directly related to their degree for a limited period after graduation. It's widely used by tech companies to hire early-career talent from U.S. universities. It is not a replacement for seasoned international hires, but rather an opportunity for businesses to recruit new talent from the pipeline.  

Cost: Approximately $530, plus legal fees.  

Pros:  

• Provides access to a new talent pool of entry-level skilled workers. 

• For new graduates in STEM, the STEM OPT extension offers up to 36 months of work authorization. 

• No visa lottery; it is available to eligible students on demand. 

Cons:  

• Temporary and tied to the student's field of study.  

• Limited career mobility for the employee.  

• Lots of administrative work for the employer.  

Strategic considerations for CIOs

With the H-1B visa becoming increasingly expensive, CIOs must treat visa strategy as a core component of workforce planning. Key strategic considerations include:  

Understanding the complexity of your current immigration situation  

Knowing where to start and the help available to businesses is crucial as CIOs and tech leaders navigate changes to visa strategy. "It's a really great time to form and cultivate a relationship with a reliable lawyer partner who knows your company and who understands the immigration situation you've already got," said Loren Locke, attorney at Locke Immigration Law.  

A business's existing immigration footprint will directly affect the options available, not just from a compliance perspective, but also from a cost perspective. "The most successful tech executives and HRs go to their trusted legal counsel first," said Caroline Tang, shareholder at Ogletree Deakins. "Navigating the U.S. government's websites can be confusing and time-consuming, and it's easy to miss the nuances that are critical to successful adjudication." 

Balancing cost and compliance with the need for international talent  

For CIOs navigating new visa rules, staying up to date with compliance regulations while maintaining access to top international talent is a top priority. Finding a balance between cost, compliance, and access to talent could look like:  

1. Prioritize roles strategically. Prioritizing visas for mission-critical and hard-to-fill roles, and continuing to use remote working, ensures that limited visa budgets are used thoughtfully. "You can still have whatever worker you want if they're working in a jurisdiction where they're allowed to work," said Locke.  

2. Stay up to date on compliance. Ultimately, the goal of any visa strategy is to make the process as seamless as possible for both employees and employers. By proactively managing paperwork and staying up-to-date on regulatory changes, businesses can simplify their immigration landscape and reduce risk. "From a compliance standpoint, just know what the rules of the road are. Keep documents, keep your records, make sure you're filling out the I-9," said Richard Herman, founder and principal at Herman Legal Group, LLC. "It shouldn't be like a paralyzing fear from an employer standpoint. It's making sure your ducks are in the row and everything is well documented, honest and truthful," he added. 

3. Consider tools for immigration tracking and automation. Centralizing employee visa data, automating workflows and integrating immigration records with HR systems enables businesses to manage their global workforce more efficiently. This approach enables companies to track employees with diverse visa needs, monitor costs and maintain compliance with minimal manual effort. 

Action plan: Next steps for CIOs 

The change to H-1B visas will be a learning curve for current CIOs, HR teams and businesses across the country. Understanding where potential mistakes may happen and how to navigate these swiftly is key.  

"Companies should partner closely with trusted legal counsel as early in the candidate review process as possible," said Tang. Working with trusted legal counsel to monitor U.S. immigration regulations and continuously update internal policies and processes will help CIOs to stay ahead, while still ensuring business continuity.  

"One mistake that I'm already seeing is just a limited vision and a limited perspective," said Locke. She added that businesses will want to stick with the same approach they used in 2024, but it won't yield the same results. Proactively adapting to new immigration rules and partnering with legal counsel who can provide creative guidance will be essential as companies refine their visa strategies. 

"Businesses are throwing up their hands and saying it's too messy, we're not dealing with it, and cutting off a significant portion of the talent pool. At the end of the day, this is about a global human capital strategy. That's probably the biggest hurdle, embracing this challenge and diversifying the list of options," said Herman. 

Rosa Heaton is a content manager for the IT Strategy group at Informa TechTarget.