With new H-1B fees, wage rules, and enforcement priorities emerging almost weekly, how can employers and H-1B professionals tell which policies actually matter right now?

In this episode of Statutes of Liberty, host Nick Lowrey is joined by Tim D'Arduini, Partner-in-Charge of the firm's Washington, D.C. office, to walk through the H-1B policies proposed, implemented, and challenged in court over the past several months. Recorded on October 5, 2026, the conversation captures where each policy stands at that moment and what employers and visa holders should expect next.

Nick and Tim cover the policies that most directly affect employers, including:

• The $100,000 H-1B fee under the 2025 Presidential Proclamation, its recent extension, and the court rulings that have kept it from being collected
• The separate $103,265 fee proposed by the Department of Homeland Security (DHS) for cap-subject petitions
• The Department of Labor's proposed prevailing wage increases
• DHS's forthcoming H-1B reform rule and a new Executive Order calling for closer review of employers that have conducted layoffs

They also discuss policies affecting H-1B workers and their families, including international travel and visa appointment delays, the proposed elimination of the 60-day grace period following a job loss, and the potential rescission of work authorization for certain H-4 spouses. Throughout, Tim emphasizes scenario planning over alarm and explains why many of these policies are likely to face legal challenges.

Whether you're an HR leader planning for next year's H-1B lottery or an H-1B professional weighing your options, this episode offers a clear snapshot of today's H-1B landscape and practical steps to prepare for what may come next.

Speakers on this episode are:

• Nick Lowrey, Senior Associate
• Tim D’Arduini, Partner

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