Last weekend, our Managing Attorney for Corporate Practice, Olga Prygoda, joined other leading immigration attorneys at the AILA Pacific Northwest Conference in Seattle. The session, “H-1B Fundamentals and Latest Developments 2025,” featured Olga alongside Felicia Gittleman (Cowan Miller & Lederman) and Anaiah Palmer (Concentrix).
This year’s event came at a particularly dynamic time — right as the H-1B landscape continues to shift with new rulemaking proposals, emerging case-law interpretations, and the debated presidential proclamation on the new $100,000 H-1B fee.
Our CEO, Katya Stelmakh, also attended the conference, connecting with colleagues and clients across the Pacific Northwest immigration community.
“Olga rocked as an H1B panelist!” she says. “It was also great to listen to panels discussing current merit-based petitions adjudicative trends (EB1A, EB1B, O1A, and EB2 NIW) and legal tech trends. Our law firm is always on the lookout for new tech tools to improve our petition preparation process and client communication.”
Inside the Panel: What Olga Discussed
Olga and her co-panelists walked attendees through four key areas shaping today’s H-1B practice:
Understanding “Specialty Occupation” the right way
They unpacked how USCIS applies the specialty occupation test under 8 CFR 214.2(h)(4)(ii) — emphasizing that the degree must relate directly to the job duties and that “normally requires a bachelor’s degree” doesn’t always meet the legal standard. The panel highlighted how the logical connection between the degree and duties must be clearly documented in the employer letter and supported by resources like O*NET and the Occupational Outlook Handbook.
Cap-Exempt Petitions: New opportunities in 2025
Olga explained the January 2025 updates allowing some employers to qualify for cap-exempt filing if their H-1B employees spend at least half their time advancing the mission of a qualifying university or research institution. This change gives startups and tech companies new flexibility, especially when partnering with higher-education or nonprofit research entities.
H-1B RFEs: Trends and winning strategies
Drawing from her firm’s strong track record with Requests for Evidence (RFEs), Olga discussed the most frequent challenges in 2025, including remote-work control, wage-level inconsistencies, and vague job descriptions in tech roles. Her advice was simple but practical:
- Read every RFE line-by-line.
- Respond with organized, evidence-backed documentation.
- Don’t wait until the deadline.
The panel also covered the rapidly evolving proposed $100K H-1B fee and ongoing lottery rule changes. As of late September 2025, DHS proposed giving higher odds to Level IV wage workers, potentially disadvantaging entry-level professionals and OPT students. Olga emphasized the importance of monitoring rulemaking and preparing early for the 2026 cap season.
What It Means for Our Clients
Our firm’s presence at the AILA conference wasn’t just about sharing knowledge — it was about bringing back practical insights that matter to our clients. Here are a few key takeaways for employers and professionals we support:
Get precise about job definitions. A clear, detailed job description is your best defense against RFEs. The closer your SOC code and duties align, the stronger your petition.
Revisit partnerships for cap-exemption. If your company works with universities or research nonprofits, you might now qualify for cap-exempt filing — a major advantage for year-round hiring.
Stay ready for policy whiplash. Between new wage-level rules and the $100K fee proposal, 2025 may reshape how companies plan H-1B sponsorships. We’re keeping a close eye on the implementation timeline and will advise our clients as soon as official guidance drops.
Olga’s participation on this panel reflects our firm’s deep involvement in the professional immigration law community — and our commitment to translating complex updates into actionable strategies for clients. Katya and Olga both left the conference energized, inspired by how much collaboration and shared learning continues to shape our field.
If you’re an employer planning next year’s H-1B season, or a professional navigating status extensions, concurrent employment, or cap-exempt options, our team is here to guide you through it — with clarity, strategy, and care. Call our office at +1 206-605-0550 to schedule a consultation and get personalized guidance for your immigration goals.