Addressing Immigration Challenges For Enterprises
Haokun Qin, Cofounder @ Gale (YC W25). We make immigration simple.
Global talent mobility has become a strategic priority for many U.S. businesses—and a potential bottleneck. CFOs, COOs, general counsels and heads of people at companies sponsoring dozens of work visas annually are grappling with immigration challenges.
Visa processing delays remain high, with delays around a year in some regions. Meanwhile, government fees have increased—for example, H-1B petition fees jumped by 70% (and L-1 fees by over 200%) under new 2024 regulations.
At the same time, organizations face compliance challenges: H-1B visas carry strict requirements, and a careless mistake could even get a company barred from the program. Further, requests for evidence (RFEs) can add cost and uncertainty—around 1 in 10 H-1B petitions received an RFE in 2023.
These pain points are driving some enterprises to seek better solutions. In fact, 76% of companies in a recent survey are considering nearshoring or offshoring roles abroad due to U.S. immigration hurdles, with 46% looking to Canada as a top choice.
Enterprise Immigration Challenges
Here are some of the core challenges enterprises face in 2025:
Pandemic closures disrupted consulate visa processing, while systemic inefficiencies have created backlogs at USCIS, resulting in prolonged case processing times. Even as the USCIS backlog dropped to 4.3 million pending cases in 2023 (a 15% drop from 2022's backlog), businesses often wait longer than expected for approvals. Key talent can be left in limbo, impacting project timelines.
Company immigration budgets may be straining under higher government fees and legal expenses. The April 2024 fee hikes mean an H-1B or L-1 petition now costs employers more money in filing fees, on top of legal fees. An unexpected RFE can trigger additional attorney work (and bills) to address complex questions. Managing immigration is no longer a minor HR task—it's a line item CFOs must plan for.
U.S. work visas come with complex rules—from maintaining public access files for H-1Bs to posting notices for PERM green cards, a risk no enterprise can take lightly. Immigration program managers must ensure every step is documented and every deadline (e.g., visa extension, I-9 re-verification) is met, across potentially dozens or hundreds of foreign employees.
The annual H-1B lottery cap and shifting immigration policies can create uncertainty in workforce planning. Many companies now explore alternative talent strategies, such as relocating foreign hires to Canada or other countries, to retain skilled workers who can't secure U.S. visas.
Best Practices
To mitigate immigration risk and delays, enterprises should centralize immigration ownership under a cross-functional team involving HR, legal and finance stakeholders. Standardizing intake processes, maintaining internal audit trails and proactively calendaring immigration deadlines are foundational.
When evaluating law firms or tech platforms, it's a good idea for companies to prioritize transparency, real-time tracking capabilities and deep expertise with employment-based visas. Ensure the platform integrates with existing HRIS tools and provides compliance logs that can withstand audits.
Many businesses underestimate how fragmented and opaque immigration workflows can be—even with modern platforms. Tools often promise automation but fail to account for nuanced legal compliance, evolving policy changes and the need for human judgment in edge cases. Companies may also struggle with poor integration into internal HR or legal processes, leading to bottlenecks.
My advice: Don't assume a platform is 'set-it-and-forget-it.' Assign an internal stakeholder to own the relationship and demand transparency on case status and SLA adherence. You may also want to consider partnerships with actual immigration attorneys or platforms with built-in partnerships.
Finally, embed immigration planning into talent strategy. For example, you may want to consider alternative pathways like the O-1, L-1 or nearshoring from the start, especially for high-skill international hires. Early alignment between hiring and immigration teams can help reduce last-minute bottlenecks and keep projects moving.
The information provided here is not legal advice and does not purport to be a substitute for advice of counsel on any specific matter. For legal advice, you should consult with an attorney concerning your specific situation.
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