Employment-Based Nonimmigrant Visas in 2025:

Year-End Trends and What to Expect in 2026

As 2025 comes to a close and 2026 approaches, U.S. employers and foreign professionals are once again reassessing their immigration strategies. Employment-based nonimmigrant visas remain essential to staffing critical roles across technology, healthcare, engineering, finance, education, research, manufacturing, and professional services. At the same time, adjudication standards continue to tighten, and compliance expectations are higher than ever.

This year-end and New Year overview focuses on the most important employment-based nonimmigrant visas, key trends observed during 2025, and practical planning considerations employers and foreign nationals should prioritize as they move into 2026.

The State of Employment Immigration at the End of 2025

Throughout 2025, U.S. Citizenship and Immigration Services maintained a strong emphasis on consistency, documentation, and compliance. While no sweeping regulatory overhaul dominated the year, adjudicators increasingly focused on whether petitions accurately reflected real-world job duties, wage levels, worksites, and supervisory structures.

For employers, this meant greater scrutiny during:

• Requests for Evidence (RFEs)
• Site visits and compliance reviews
• Extension and amendment filings

For foreign professionals, 2025 reinforced the importance of maintaining status, understanding work authorization limits, and aligning career moves with immigration requirements.

As we move into 2026, these trends are expected to continue rather than reverse.

H-1B Specialty Occupation Visas: Lessons From 2025, Planning for 2026

The H-1B visa remains the cornerstone of U.S. employment immigration. It allows employers to hire foreign professionals in specialty occupations requiring at least a bachelor’s degree in a specific field.

Key 2025 Trends

During 2025, H-1B adjudications showed:

• Increased scrutiny of specialty occupation claims
• Close review of SOC code selection and wage levels
• Heightened attention to third-party placement and remote work arrangements
• Continued focus on employer-employee relationships

RFEs frequently questioned whether job duties truly required a specialized degree and whether wages aligned with job complexity.

Planning Ahead for 2026

As employers prepare for the 2026 H-1B cap season and ongoing filings, best practices include:

• Drafting precise, duty-specific job descriptions
• Conducting wage level analyses early
• Reviewing remote work policies and LCA compliance
• Preparing amendment filings when job duties, locations, or reporting structures change

For foreign nationals, maintaining status and understanding portability rules remain critical as job changes become more common.

L-1 Intracompany Transferee Visas: Increased Focus on Substance

The L-1A (manager or executive) and L-1B (specialized knowledge) visas remain essential for multinational companies transferring talent to the United States.

What 2025 Showed

Adjudications in 2025 reflected:

• Deeper analysis of managerial and executive authority for L-1A cases
• Narrow interpretations of specialized knowledge for L-1B cases
• Ongoing verification of qualifying corporate relationships
• Continued site visits for both new offices and established entities

Strategic Considerations for 2026

Companies planning L-1 filings in 2026 should:

• Clearly separate managerial duties from hands-on operational work
• Document staffing levels and subordinate roles
• Tie specialized knowledge to proprietary tools, systems, or processes
• Maintain updated organizational charts and corporate documentation

L-1 visas remain viable, but success increasingly depends on well-documented operational reality rather than titles alone.

E-1 and E-2 Treaty Trader and Investor Visas: Consistency Matters

E-1 and E-2 visas continued to be attractive options in 2025 for treaty nationals engaged in substantial trade or investment with the United States.

Observations From 2025

Consular officers and adjudicators emphasized:

• Detailed source-of-funds documentation
• Non-marginality and business viability
• Consistency between business plans and actual operations
• Scrutiny during renewals, not just initial applications

Looking Into 2026

For treaty traders, investors, and their employees:

• Annual updates to business plans are strongly recommended
• Financial records should clearly show active operations and growth
• Employees should be well-prepared to explain their role and qualifications
• Renewals should be treated with the same care as initial filings

E visas remain flexible but require disciplined recordkeeping.

O-1 Extraordinary Ability Visas: A High Bar That Rewards Preparation

The O-1 visa continues to serve individuals with extraordinary ability in business, science, technology, arts, and athletics.

2025 Adjudication Patterns

During 2025, officers focused on:

• The totality of evidence, not just meeting three criteria
• Independent recognition rather than employer-driven achievements
• Well-documented contracts and work itineraries
• Credible expert opinions

Planning for 2026

Foreign nationals considering O-1 filings should:

• Continuously document achievements throughout the year
• Preserve media coverage, awards, and peer recognition
• Secure strong advisory opinions and expert letters
• Ensure future work is clearly defined and documented

O-1 visas remain powerful, but only when supported by sustained and verifiable recognition.

TN, E-3, and H-1B1 Visas: Efficient Alternatives With Real Scrutiny

Nationality-specific employment visas continue to play an important role:

• TN visas for Canadian and Mexican professionals
• E-3 visas for Australian professionals
• H-1B1 visas for nationals of Chile and Singapore

2025 Insights

Despite their streamlined nature, officers increasingly scrutinized:

• Degree relevance to job duties
• Whether roles were truly professional-level
• Employer letters and supporting documentation
• Long-term renewals for consistency

Preparing for 2026

Employers and professionals should:

• Align degree fields directly with job requirements
• Avoid overly generic job descriptions
• Prepare for border or consular questioning
• Track expiration dates early to avoid lapses

These visas remain efficient but are not immune from enforcement trends.

Compliance Remains the Dominant Theme

One of the most consistent takeaways from 2025 is that compliance is no longer passive. Employers should expect continued focus on:

• Wage payment and payroll consistency
• Accurate LCA postings and worksite reporting
• Site visits and FDNS inquiries
• Documentation matching day-to-day operations

Treating immigration compliance as an ongoing process rather than a one-time filing is essential going into 2026.

Strategic Immigration Planning for 2026

As the calendar turns, employers and foreign nationals should approach 2026 with a proactive mindset:

• Start early: Extensions, amendments, and new filings benefit from advance preparation.
• Maintain documentation: Job duties, payroll, and organizational records should be current and accessible.
• Coordinate internally: HR, managers, and legal teams should stay aligned.
• Think long-term: Nonimmigrant status should be evaluated alongside future permanent residence strategies.

Final Thoughts

As 2025 ends and 2026 begins, employment-based nonimmigrant visas remain vital to the U.S. economy and global workforce mobility. While the legal framework remains largely intact, adjudication standards and compliance expectations continue to rise.

Employers and foreign professionals who plan ahead, document thoroughly, and stay informed will be best positioned to navigate the year ahead successfully. A proactive approach to employment immigration is no longer optional, it is essential for stability, growth, and long-term success in 2026 and beyond.

By: Felipe Jimenez

Felipe Jimenez is an Associate Attorney at Reddy Neumann Brown PC. He works in the Non-Immigrant Visa (NIV) Department where he assists clients through all phases of the non-immigrant visa process.

Reddy Neumann Brown PC has been serving the business community for over 20 years and is Houston’s largest immigration law firm focused solely on US. Employment-based immigration. We work with both employers and their employees, helping them navigate the immigration process quickly and cost-effectively.