The "One Big Beautiful Bill" Act is Law: What It Means for Your Business and Foreign Talent

As a business immigration lawyer, I’ve seen how even small policy shifts can create big waves for the companies and talented individuals I represent. On July 4, 2025, a sweeping new law, the "One Big Beautiful Bill Act" (OBBBA), was enacted, and it’s already raising questions and concerns. Many of my clients are asking: What does this mean for our ability to hire and retain foreign talent?

During my time as a Foreign Service Officer for the U.S. Department of State, I adjudicated thousands of visas. I saw firsthand how policy changes in Washington directly impact people's lives and business operations. This new law is no different. While its name might make it sound like a good thing for America, its effects are a complex mix of higher costs and systemic pressures that every employer and foreign national should understand.

Let’s break down what the H.R.1 - One Big Beautiful Bill Act https://www.congress.gov/bill/119th-congress/house-bill/1/text actually does and how it will indirectly, yet significantly, affect employment-based immigration.

The Big Picture: What Hasn't Changed is as Important as What Has

The OBBBA does not introduce new employment-based visa categories, change the annual caps for H-1B visas, or alter the eligibility rules for employment-based green cards (or the still-hypothetical Trump Gold Card). The core architecture of business immigration—the visa types you know, like H-1B, L-1, O-1, and the employment-based green card categories (EB-1, EB-2, EB-3)—remains intact.

So, what does the bill do to our immigration system? It focuses on two main areas:

1. A massive increase in federal funding for immigration enforcement.
2. A significant hike in fees for a wide range of immigration applications and processes.

While these changes don't target business immigration directly, their ripple effects will be felt across the entire legal immigration system.

Key Takeaway: The One Big Beautiful Bill is not an overhaul of employment visa rules. Instead, it's an enforcement-and-fee-focused law that will make navigating the existing system more expensive and potentially slower.

The Direct Hit: Soaring Fees and the New Cost of Immigration

The most immediate impact for employers and employees will be financial. The bill introduces several new fees and dramatically increases others, raising the overall cost of hiring and retaining foreign talent. Experts agree these hikes will be felt most by individual applicants and by small and medium-sized businesses that have less room in their budgets to absorb these new expenses.

Here’s a look at some of the key fee changes that could affect your bottom line:

The new fee on I-94 records, as introduced by the recent legislative changes, is set at $24. This fee applies to applications for Form I-94, which is the Arrival/Departure Record used by Customs and Border Protection (CBP) to track the arrivals and departures of nonimmigrants. Under the current law, there is a $6 fee for nonimmigrants entering the country by land, and the new provision raises the total fee to $30 starting this year.

The collection of this fee will be managed by CBP, as they are responsible for issuing Form I-94. The fee is likely to be collected at the point of entry or through the application process for obtaining or replacing Form I-94. The fee is expected to be implemented as part of the operational processes at ports of entry and through online systems where applicable.

On the humanitarian immigration side, the new fees include a $100 fee for asylum applications, a $100 annual fee for pending asylum applications, a $550 fee for initial Employment Authorization Documents (EAD) for asylum applicants, a $275 fee for renewal or extension of EADs for asylum applicants, and a $1,000 fee for parole applications. These fees are not waivable in most cases and are subject to increase by regulation and annually for inflation

The Indirect Impact: A System Under Strain

Have you ever been stuck in traffic because of construction miles ahead? That’s a good way to think about the second major impact of this bill. The OBBBA allocates over $170 billion through 2029 to immigration enforcement, massively expanding the budgets of agencies like ICE and CBP.

ICE is now the largest federal law enforcement agency, with $45 billion earmarked for new detention facilities and expanded operations. So, what does this have to do with your company’s H-1B petitions?

When government resources and attention are heavily diverted to one area (enforcement), other areas (like benefits adjudication) can feel the strain. My concern, shared by many immigration experts, is that this intense focus on enforcement could lead to:

• Slower Processing Times: With agency priorities and personnel potentially shifting toward enforcement-related tasks, the adjudication of routine employment-based petitions and applications could slow down. We are already dealing with significant backlogs at USCIS, and redirecting hundreds of USCIS employees to work on ICE projects could make it worse.
• Increased Scrutiny: An enforcement-first mindset can permeate the entire immigration system, leading to more scrutiny on all types of immigration processes, even those that are straightforward and involve immigrants who have always held legal status.
• A Less Competitive America: The combination of higher costs and longer waits could make the U.S. a less attractive destination for global talent. For the innovative industries I serve, like tech and healthcare, losing our competitive edge in attracting the best and brightest is a serious risk.

While the bill does allocate funds to hire more immigration judges to address court backlogs, the overwhelming emphasis remains on enforcement. This will inevitably reshape the landscape for everyone navigating the immigration system.

What You Should Do Now: Key Takeaways and Actionable Steps

Navigating this new environment requires being proactive and strategic. Together with your legal counsel, anticipate challenges and plan accordingly.

Key Takeaways from the One Big Beautiful Bill:It's About Money and Enforcement: The law’s primary impact on business immigration is indirect, stemming from higher fees and a massive shift in resources toward enforcement.Costs Are Up Across the Board: Budget for significantly higher government filing fees for nearly every step of the immigration process.Expect Delays: Plan for potentially longer processing times as the system adjusts to new priorities.The Rules of the Game are the Same: The fundamental requirements for H-1B, L-1, green cards, and other employment-based visas have not changed.

Here are three things you can do right now to prepare:

1. Budget Accordingly. Review your company’s immigration budget for the upcoming year. Factor in the new fee structure to avoid surprises. If you sponsor multiple employees, these costs could add up quickly.
2. Plan Ahead. If you are considering sponsoring an employee for a visa or green card, start the process as early as possible. Building extra time into your timeline can provide a crucial buffer against potential processing delays and costs that will continue to rise.
3. Seek Expert Guidance. An experienced immigration attorney can help you navigate the new cost structures, anticipate delays, and ensure your petitions are filed correctly to minimize the risk of RFEs (Requests for Evidence) or denials in a climate of increased scrutiny.

At Locke Immigration Law, we are closely monitoring the implementation of this new law and advising our clients on creative strategies to achieve their business goals. If you are concerned about how these changes will affect your company or your professional journey, please don’t hesitate to reach out. Together, we can build a clear path forward.

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