H-1B Under Siege: Rebuilding Corporate Immigration Strategy for High-Skilled Talent in 2026

Sarah J. Hawk
Julia Bialy
Mandira Sethi
Sarah J. Hawk | Barnes & Thornburg
Julia Bialy | Barnes & Thornburg
Mandira Sethi | Barnes & Thornburg

Live Video-Broadcast: September 28, 2026

2 hour CLE

Tuition: $195.00
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Program Summary

 

The Safest H-1B Strategy in 2026 Assumes the Lottery Says No

This is not the H-1B program you knew. A September 2025 presidential proclamation attached a $100,000 fee to sponsorship. A Massachusetts district court vacated it. The government's appeal is pending, and the fee's legal status remains unresolved. Meanwhile, the FY2027 lottery now weights selection by wage level.

File now, and you bet on the vacatur holding. Wait, and you bet against it. Sponsor at the wrong wage level, and your selection odds drop. The proposed DOL rule would raise prevailing wages 21–33%. Eligibility restrictions, third-party worksite limits, and fixed-period status rules for international students are anticipated. OPT and STEM OPT curtailment looms over the talent pipeline.

You leave with practitioner work product, not a doctrine walk-through. Filing-decision frameworks for the fee's unresolved status. Role and compensation structures built for the weighted lottery. Offer-letter language allocating immigration cost and risk. And an O-1, EB-1, and E-2 playbook — with evidentiary standards for AI and technology talent — that ends single-category H-1B dependency.

Key topics to be discussed:

  • The $100,000 Fee
    How the September 2025 proclamation's scope and exemptions, the Massachusetts district court's vacatur, and the government's pending appeal change client filing advice while the fee's legal status remains unresolved.
  • New Lottery Math
    How the FY2027 wage-level weighted lottery changes selection odds — and how to structure roles and compensation to maximize selection under the new rules.
  • The Regulatory Pipeline
    How the proposed DOL rule raising prevailing wages 21–33%, the anticipated eligibility-restriction and third-party worksite limits, the proposed fixed-period duration-of-status rule, and looming OPT and STEM OPT curtailment reshape the international talent pipeline.
  • O-1 and EB-1 Playbook
    How to build the extraordinary-ability record for AI researchers, engineers, and technologists under current USCIS evidentiary standards, avoid common O-1A RFE triggers, and sequence EB-1A self-petitions and EB-1B categories to bypass PERM labor certification.
  • E-2 Essential Employees
    How E-2 treaty investor and essential-employee visas move key personnel when H-1B sponsorship is unavailable or unselected.
  • Diversified Sponsorship Policy
    How to redesign corporate immigration policy around a diversified visa portfolio, allocate immigration cost and risk in offer letters and sponsorship policies, and take practical steps to shift strategy in 2026's disrupted environment.

This course is co-sponsored with myLawCLE.

Date / Time: September 28, 2026

  • 2:30 pm – 4:40 pm Eastern
  • 1:30 pm – 3:40 pm Central
  • 12:30 pm – 2:40 pm Mountain
  • 11:30 am – 1:40 pm Pacific

Closed-captioning available

Speakers

Sarah J. Hawk_FedBarSarah J. Hawk, Partner | Barnes & Thornburg

Sarah J. Hawk is a partner in Barnes & Thornburg’s Atlanta office and chairs the firm’s Immigration and Global Mobility practice. She counsels multinational corporations and individuals on complex immigration matters, securing visas and permanent residency for corporate leaders, researchers, and artists, and brings decades of experience in global workforce management.

  • Education & Credentials

Ms. Hawk earned her J.D. from Georgia State University College of Law in 2000. She also holds an M.A.T. (1993) and a B.A., magna cum laude (1992), from Agnes Scott College. She is admitted to practice in Georgia and before the U.S. District Court for the Northern District of Georgia.

  • Recognition & Leadership

Ms. Hawk is recognized in The Best Lawyers in America for Immigration Law, including the 2027 edition, and has been recognized by Best Lawyers since 2017. She was selected to the Super Lawyers Rising Stars list for Immigration in 2010, and she serves as chair of Barnes & Thornburg’s Immigration and Global Mobility practice.

  • Professional Involvement

Sarah is actively involved in advancing the practice of business immigration through leadership, education, and professional service. She is a frequent presenter at national and regional conferences on immigration law and regularly advises employers on best practices for immigration compliance and global mobility. Her professional involvement extends to collaborating with multinational corporations, universities, healthcare organizations, and research institutions to develop strategic immigration programs, as well as participating in initiatives that promote workforce compliance and international talent mobility.

  • Experience

Her practice spans employment-based petitions, including B business visitor and E-2 investor visas, EB-1 Outstanding Researcher and Extraordinary Ability cases, I-9 and E-Verify compliance, and the development and implementation of corporate immigration policy for global workforces.

 

Julia Bialy, Staff Attorney | Barnes & Thornburg

Julia Bialy is a staff attorney in Barnes & Thornburg’s Chicago office, practicing in the firm’s Labor and Employment Department. She supports employers navigating employment-based immigration and workforce compliance matters, handling highvolume business immigration work in close coordination with attorneys and corporate stakeholders.

  • Education & Credentials

Ms. Bialy earned her J.D. from George Washington University Law School in 2025 and her B.A. in Political Science, cum laude, from Monmouth University in 2020. She is admitted to practice in the District of Columbia. She speaks Polish.

  • Recognition & Leadership

Julia Bialy has established herself as a trusted member of Barnes & Thornburg’s Labor and Employment Department, where she supports employers in navigating complex employment-based immigration and workforce compliance matters. Her practice demonstrates leadership through the management of sophisticated, high-volume immigration cases, strategic collaboration with attorneys and corporate stakeholders, and her contributions to the firm’s immigration thought leadership. Julia also authors and contributes to legal publications addressing significant developments in U.S. immigration law, providing practical guidance to employers and foreign national employees on evolving regulatory requirements.

  • Professional Involvement

Ms. Bialy writes on immigration developments affecting employers. Her recent articles for the National Law Review address increased scrutiny of lawful permanent residents with criminal issues, the Supreme Court’s clearing of the way to end Temporary Protected Status for Haiti and Syria, and USCIS’s reframing of adjustment of status as “extraordinary” relief.

  • Experience

Ms. Bialy’s work includes PERM labor certifications and H-1B, L-1, and O-1 petitions. She analyzes eligibility, assesses compliance considerations, prepares detailed petitions, and conducts legal and factual research and documentation review for regulatory compliance.

 

Mandira Sethi_FedBarMandira Sethi, Counsel | Barnes & Thornburg

Mandira Sethi is counsel in Barnes & Thornburg’s Atlanta office. She guides employers through visa applications and nonimmigrant petitions and works with organizations across industries on immigration policy development, securing visas, and permanent residence matters for a range of professional categories. An immigrant from India herself, she draws on personal experience in supporting clients’ integration into and contribution to their communities.

  • Education & Credentials

Ms. Sethi earned her J.D. from Atlanta’s John Marshall Law School in 2020 and her B.A. in Psychology from Emory University in 2007. She is admitted to practice in Georgia. She speaks Hindi.

  • Recognition & Leadership

In law school, Ms. Sethi chaired the Moot Court Advisory Board, served as a peer mentor, and competed in the Georgia Intrastate Moot Court Competition.

  • Professional Involvement

Ms. Sethi has participated in her law school’s AABS discussion panels and mentored bar exam candidates and alumni on bar preparation and essay writing. She writes regularly on immigration developments; her National Law Review articles include “Weighted Odds: FY2027’s High-Stakes H-1B Lottery” and “U.S. to Prioritize Higher Wages in New H-1B Selection Process.”

  • Experience

Her practice covers permanent (PERM) labor certification applications, employment-based immigration petitions across preference categories, EB-1 Extraordinary Ability and EB-1 Outstanding Researcher/Professor cases, consular processing, and naturalization, along with I-9 compliance, audits, and investigations.

Agenda

SESSION 1 – H-1B in Crisis: Navigating the $100,000 Fee, the Litigation Whiplash, and the New Lottery Rules | 2:30pm – 3:30pm

This session covers the H-1B program’s 2026 upheaval — the $100,000 fee imposed by presidential proclamation, its vacatur and pending appeal, and the weighted lottery and wage rules reshaping who gets sponsored.

BREAK | 3:30pm – 3:40pm

SESSION 2 – Beyond H-1B: Building an O-1, EB-1, and E-2 Bench for Global Talent Retention | 3:40pm – 4:40pm

This session covers O-1, EB-1, and E-2 visa strategy as durable alternatives to H-1B sponsorship, with a focus on evidentiary standards for AI and technology talent and redesigning corporate immigration policy around a diversified visa portfolio.

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Pending CLE Approval
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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