The State of Global Mobility in 2025 – H-1B’s in a New Era
Disclaimer: These are individual comments/points of view from experts in the field based on their professional experiences which do not necessarily reflect companies’ official stands on certain topics or matters.
This newsletter series delves into the challenges and innovations shaping global mobility and immigration program management. My goal is to learn directly from in-house legal teams and immigration managers about how to better serve their programs. By fostering stronger partnerships, we can improve the immigration experience for employees, businesses, and stakeholders alike. From time to time I also interview seasoned experts.
Global mobility is undergoing a seismic shift in response to changing policy. Restrictive government measures have caused employers to take a cautious approach. Employers are cautiously navigating government restrictions while balancing office returns with employees’ desire for flexibility. Companies leverage technologies to retain top performers globally while exercising cost containment. Amid this evolution, in-house teams, working closely with outside immigration counsel, play a pivotal role in balancing compliance with business objectives—ensuring programs run smoothly while supporting strategic workforce initiatives.
In this issue and on opening day of H-1B Lottery Registration, I am delighted to share the insights of Bernard “Bernie” Wolfsdorf, founder of WR Immigration. As a past President of the American Immigration Lawyers Association (AILA) and developer of modern business immigration practice, Bernie has keen insights into how ever-changing policies impact adjudications at USCIS, Department of Labor, and other federal agencies.
With decades of experience, Bernie has observed how H-1B trends evolve under different administrations. He understands the impact of policy shifts—such as the clarified definition of “specialty occupation” and increased scrutiny on third-party placements—on both employers and visa applicants. His ability to anticipate future changes based on political and economic factors makes his perspective especially valuable for those managing H-1B programs today.
Ceri: Bernie, as an attorney who has been filing H-1B’s since their inception, how do you view the recent changes to the H-1B visa program? What do they signify for employers and foreign workers?
Bernie: Ceri, the program does precede me. In 1952, Congress used the “distinguished merit and ability” standard that included professional occupations as well as those with global reputations in sports, the arts, or sciences and I did file cases under that law in my youth. The first H-1B I filed in-person had a $15 filing fee and the INS officer issued the approval in about one hour. In reality, the updates to the regulations merely codify policies that USCIS has already been applying, although I anticipate cases will need to be more carefully prepared particularly showing the foreign national’s education is directly related to the job.
Ceri: I love hearing those types of stories because they show that although adjudication has changed, conceptually, the visa types haven’t changed much. One of the major updates to the H-1B rule involves clarifying the definition of “specialty occupation.” What impact will this have on H-1B petitions?
Bernie: The most significant clarification relates to the point above in that the definition reinforces the importance of a direct connection between the academic degree and the job duties. While this sounds logical and reasonable, the problem with many emerging technologies and occupations is that college degree majors often lag, or in the specialty occupation of computer engineering, there may be several academic paths qualifying, and this undermines the concept that computer engineering is a specialty occupation.
Ceri: And yet, how could computer engineering not be a specialty occupation?
Codifying deference is a positive development. Will the new administration be able to roll that back? They eliminated deference last time they were in office. What about other parts of the new regulation – will it be rolled back?
Bernie: The codified deference policy is a welcome development for both employers and employees, and while so far, we haven’t seen changes to the “new” policy, I sadly anticipate that deference will be clawed back as the administration looks for ways to make legal immigration more difficult. The restrictive adjudications we saw with jobs in smaller company’s likely ushers in a new era in what has been described as a “culture of no”. However, optimistically, the influence of major technology leaders on the administration will outweigh the restrictive tendencies of this new administration.
Ceri: The changes also emphasize compliance, such as the codification of site visits and stricter rules for third-party placements. What do employers need to know to prepare?
Bernie: This is one area where I do not have to speculate and the three critical rules for employers to follow are, Compliance, compliance, compliance. Those employers taking short cuts, or failing to maintain legally sufficient public access files, need to act now to get their files in order. Site visits have been ongoing but already we are seeing a surge, and restrictive vetting at every stage from petition adjudication, to review at the Kentucky Consular Center that reviews all petitions and verifies information for fraud and national security compliance, to consular interviews at U.S. posts abroad, and also during inspection by CBP upon arrival in the U.S. Employers must be ready as the USCIS, DOL, DOS, FDNS and other agencies are serious about compliance and focused on enforcement. Some of the DIY, “Do It Yourself” styled petitions will not pass muster because its not about filing our forms, it’s about legal compliance.
Ceri: Yes, I think every immigration lawyer I know now spends part of their day advising on document retention and preparing for audit and investigation.
One of the more nuanced changes in the H-1B modernization rule involves beneficiary-owned entities and bona fide job offers. How do you interpret these provisions?
Bernie: These updates reflect USCIS’s focus on ensuring the integrity of the H-1B program. The prior administration loosened these requirements, but it appears we are moving back to where we have been and the USCIS will again focus on ensuring there is a legitimate employer-employee relationship such that the foreign national can be fired.
Ceri: With these updates, what steps should employers take to adapt their H-1B strategies for 2025 and beyond?
Bernie: Employers should work with counsel to conduct a review of their H-1B practices and carefully review the credentials of their H-1B beneficiaries. Employers need to also check to ensure there have not been material changes in areas such as work site, job duties, and most importantly, again, to ensure that public access files are up to date and that they are paying prevailing wages and benefits defined as those paid to similarly situated U.S. workers.
Ceri: What is your perspective on the future of the H-1B program considering these updates?
Bernie: I am the eternal optimist and the H-1B program has brought a wealth of talent that has resulted in the U.S. being the clear leader in technological advances. However, continuing this lead is not guaranteed in all sectors. I just came back from China this week and more than 50% of cars on the road are EV’s, and I understand in other areas such as robotics, they are very advanced. The U.S. must lead in AI, but then suddenly we see companies such as Deepseek making remarkable breakthroughs so the very future of our technological and industrial future is at stake and the H-1B visa is vital to ensuring our technological leadership and making sure we don’t educate the “best and brightest” and then send them home to compete and possibly beat us. I am hopeful our political and industrial leaders get this because so much is at stake.
Ceri: What advice would you offer to employers whose H-1B Registration cases are selected in the Lottery?
Bernie: Employers need to be meticulous in documenting how the job meets the specialty occupation standard and how the candidate’s degree is directly related to their role, and petitions need to be prepared ensuring compliance with prevailing wage and working conditions and the case files need to be complete, accurate and diligently prepared.
Ceri: Donald Trump made significant changes to immigration policies during his first term. What can we expect for H-1B’s, employment based immigration and global mobility programs over the next four years?
Bernie: Like last time the Trump administration’s focus is on tightening eligibility requirements and increasing scrutiny across the board, which causes significant uncertainty for employers and workers. He is also likely to continue to use H-1Bs to push salaries higher but I remain optimistic because it appears he wants to have the leaders of technology and industry at the table and my hope is they will positively influence him to pursue a vibrant immigration policy.
Ceri: Some of Trump’s technology tycoon supporters have been vocal about attracting global talent to innovative industries. Do you think they will be successful?
Bernie: Particular aerospace, ev, computer hardware, ecommerce, and ai leaders are at the forefront of innovation, and it appears they have a seat at the table. I am optimistic they will help ensure legal immigration practices are robust and will continue to ensure industry can hire and retain the “best and brightest” because at the end of the day, these workers directly and indirectly create massive numbers of jobs.
Ceri: Some outlier Trump supporters have expressed support for streamlining immigration pathways for highly skilled workers. Do you think they have a chance of persuading his base and why is that important?
Bernie: I am a serial optimist and believe that immigration has always been the lifeblood for American industry and with falling birthrates its essential to have a vibrant immigration system that attracts the best and the brightest. We also need skilled and unskilled workers so at the end of the day, the global economy will require a diverse and sophisticated immigration system that admits highly skilled professionals in order to grow our economy and compete on the world stage.
Ceri: Bernie, thank you for sharing your invaluable insights on H-1B’s and the broader immigration landscape. Your deep expertise, historical perspective, and forward-thinking approach provide much-needed clarity on these complex issues. Thank you for your time and for helping us navigate these important developments!
