Navigating the Latest H-1B & H-1B1 Visa Changes: What Employers and Talent Need to Know

There have been significant regulatory shifts in the H-1B programs in 2025 while the H-1B1 program remains largely stable. In January 2025, the U.S. Citizenship and Immigration Services (USCIS) and Department of Homeland Security (DHS) introduced a modernisation rule for the H-1B category that takes effect on or after 17 January 2025, which updates the definition of “specialty occupation”, revises Form I-129, and introduces enhanced compliance requirements. 

Later in the year, a presidential proclamation required a new US$100,000 one-time fee on many new H-1B petitions filed after 21 September 2025. 

Meanwhile, the H-1B1 visa (for Singaporean and Chilean nationals) has been confirmed not to be subject to the new US$100,000 fee.

Keep in mind:

• H-1B program changes effective 17 January 2025: revised Form I-129, clearer “specialty occupation” criteria, stronger oversight.
• A new US$100,000 fee now attaches to many new H-1B petitions filed after 21 Sept 2025.
• The H-1B1 program remains separate, and the US$100,000 fee does not apply to H-1B1 petitions for Singaporean and Chilean citizens.
• Employers and professionals must review the changes immediately because compliance risks (fees, redefined occupations, enhanced documentation) are higher.

For Singaporean and Chilean nationals holding or seeking H-1B1 status, the good news is that the recent major changes to the H-1B program do not directly change their category. The new US$100,000 fee applied to standard H-1B petitions was clarified by the U.S. Embassy in Singapore to apply to H-1B1 applicants. That means professionals from Singapore and Chile on H-1B1 can continue the familiar process under their treaty-based category without the six-figure surcharge.

However, while the baseline rules remain constant, employers and individuals should still monitor how broader regulatory shifts could influence processing and enforcement for all non-immigrant worker categories.

What Singaporean/Chilean professionals should know:

• The H-1B1 program still has its separate cap (5,400 for Singapore; 1,400 for Chile) and is not subject to the standard H-1B lottery.
• The US$100,000 fee does not apply to new H-1B1 petitions for Singaporean or Chilean nationals.
• Standard compliance obligations continue: employer must file a certified LCA (Labour Condition Application), roles must meet “specialty occupation” criteria, the worker must intend non-immigrant intent.
• Employers should still review timelines and processing expectations, because while the fee exclusion is confirmed, policy shifts in the broader non-immigrant worker environment may indirectly affect H-1B1 outcomes (e.g., more scrutiny).

Employers should treat 2025 as a turning point for work-visa compliance. With the updated H-1B rule in effect and the H-1B1 category maintained, the compliance bar is higher and enforcement is sharper. For both categories the following stand out:

• For H-1B visa, the modernised final rule (effective 17 January 2025) means employers must use the new Form I-129, ensure job roles clearly meet the revised “specialty occupation” definition and document end-client requirements where applicable. 
• The new US$100,000 fee means budgeting changes for many employers filing new H-1B petitions. 
• For H-1B1 visa: While major rule changes are absent, maintaining consistent compliance remains vital — certified LCA, one-year validity renewals, non-dual intent, and documentation retention.
• Across both program: Employers should adopt robust internal audit systems, ensure job descriptions, wage levels, and LCA filings align exactly, and prepare for increased scrutiny or site visits.

Employer compliance summary

• Use the correct edition of Form I-129 (for H-1B) filed on or after 17 January 2025.
• Ensure “specialty occupation” is fully justified with matching degree/field and job duties.
• Budget for new fees (H-1B) and confirm fee exemptions (H-1B1 as applicable).
• Keep detailed documentation: LCAs, wage payments, role changes, public access files.
• Train HR/immigration functions to monitor processing timelines, track renewals, and respond quickly to government notices.

Yes, there are notable changes around selection criteria and the registration process under the updated H-1B rules for 2025. The process remains a lottery when demand exceeds supply, but the mechanics and underlying rules have evolved. The modernised rule clarifies regulatory definitions of specialty occupations and strengthens oversight; while a new fee and proposed rulemaking may reshape how the lottery will operate. 

Currently, the online registration period and selection process remain in place, but stakeholders should expect additional changes such as wage-based prioritisation and stricter registration accuracy.

What to note about the lottery and selection

• The H-1B cap and lottery process remain. When registrations exceed the cap, USCIS selects. The updated rules emphasise accurate registration entries and responsibility on the employer.
• The modernised rule strengthens documentation on employer-employee relationship, specialty occupation, and third-party placement scenarios.
• Proposed reforms may shift from purely random selection to a prioritised model, giving preference to higher-wage or more skilled roles; this still may require rulemaking and may not be immediate.
• For H-1B1 visa: There is no lottery process. The cap is separate and eligibility is nationality-based (Singapore/Chile) and first-come/first-served under that allocation.

The H-1B1 category stands apart from the standard H-1B in both legal basis and recent regulatory impact. While the H-1B program has undergone sweeping reform in 2025, the H-1B1 program has remained more static.

The main differences include:

• Basis | H-1B1 visa comes from specific Free Trade Agreements (FTAs) with Singapore and Chile, whereas H-1B is a general employment-based non-immigrant category.
• Cap and lottery | H-1B1 visa has a separate annual quota (5,400 Singapore; 1,400 Chile) and is not subject to the H-1B lottery in most cases. H-1B uses a lottery when cap exceeded. 
• Recent reforms |H-1B visa has seen changes to Form I-129, specialty occupation definition, and introduction of a US$100,000 fee for certain petitions. H-1B1 has not been subject to that fee and retains the familiar one-year renewable terms. 

In summary, the H-1B visa modernised rule in effect Jan 2025, new fees, possible future prioritised lottery, broader eligibility.

H-1B1 visa, on the other hand, has no new fee, nationality-limited eligibility, simpler path for Singapore/Chile nationals, and no lottery in most cases.

Employers hiring under either must still meet similar labour/condition obligations, but the regulatory environment is more volatile for H-1B than for H-1B1.

Companies seeking to hire foreign professionals under H-1B or H-1B1 visa must rethink strategy in 2025 given the evolving regulatory landscape. The changes bring both cost implications and strategic planning needs.

For H-1B hire plans, the new US$100,000 fee for new petitions means much higher upfront cost for many employers. The revised “specialty occupation” definition and increased scrutiny mean documentation must be stronger than ever. 

In a competitive labour market, companies may face longer lead times and added internal process burdens. Conversely, H-1B1 visa offers employers a more predictable pathway (for Singapore/Chile nationals) without lottery risk and without the new surcharge. However, H-1B1 has limitations (e.g., nationality restriction, one-year renewals, non-dual intent) so it may not always fit every long-term specialist role.

Implications for companies

• Budgeting: Expect higher costs for H-1B-based hiring (fees, compliance) and plan accordingly.
• Process timeline: Allow for extended internal review, stronger evidence, and possible delays; early start is key.
• Talent sourcing strategy: If eligible, consider Singapore/Chile nationals under H-1B1 visa for roles where fit allows, to avoid lottery risk and additional fee exposure.
• Compliance: Strengthen internal auditing of job classifications, wage levels, documentation, and site-visit readiness; non-compliance risk is rising.
• Long-term planning: Recognise that H-1B1 visa may be less suitable for roles intended for green card pursuit due to non-dual intent requirement; H-1B visa may still be needed for that pathway.

For complex and rapidly changing visa landscapes such as H-1B and H-1B1 in 2025, reliable expert guidance is essential. You should seek immigration law firms or workforce solution expert like CXC.

You can stay informed by using these reliable sources:

• The official websites of USCIS and the U.S. Department of Labor, which publish rule-updates, FAQs, and reporting requirements (for example, the January 17 2025 final rule for H-1B). 
• Bilateral-specific updates such as the U.S. Embassy in Singapore clarifying H-1B1 visa fee exclusion. 
• Internal employer audits and HR-immigration training: partnering with counsel to ensure your internal systems match the latest rules.

Combining official guidance with practical compliance expertise allows organisations to stay proactive and reduce risk as immigration rules evolve. This is where CXC can provide valuable support. By helping employers navigate complex employment and visa regulations, CXC ensures that workforce practices remain compliant across borders. 

From managing LCAs and contractor documentation to guiding U.S. hiring strategies, CXC helps companies maintain stability and readiness amid regulatory change, so they can focus on growing their teams with confidence. Speak to our team today.