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Hiring Employees Requiring H-1B Sponsorship

Nov. 25, 2025

Colleagues,

Michigan State University’s excellence is strengthened by talented Spartans from around the world. We are committed to fair, equitable hiring practices that support our international colleagues and advance our academic mission.

We are writing to share an update on recent federal changes affecting H-1B visas and guidance on how these changes may impact hiring decisions. Please note that immigration policies and procedures are complex and can change quickly, and the following summary does not constitute legal advice. Units should work closely with the Office for International Students and Scholars (OISS), Faculty and Academic Staff Affairs (FASA), Human Resources (HR), and the Office of the General Counsel (OGC) on individual cases. Please refer to the Human Resources website for current and detailed hiring guidance- click here to access the guidance document.

Background

On September 19, 2025, the White House issued a Presidential Proclamation that imposed a new $100,000 fee on certain H-1B visa petitions, effective September 21st. On October 20th, U.S. Citizenship and Immigration Services issued additional clarification that the fee applies to new petitions filed on or after September 21st for certain individuals who are outside of the U.S. and do not currently hold a valid H-1B visa. 

The proclamation applies to:

  • New H-1B petitions filed on or after 12:01 AM EDT on September 21, 2025, for beneficiaries who are outside the US and do not have a valid H-1B visa stamp in their passport.
  • H-1B petitions that request consular notification, port of entry inspection or pre-flight inspection.
  • H-1B petitions requesting a change of status, an amendment, or an extension of stay and USCIS determines that the beneficiary is ineligible for a change of status or an amendment or extension of stay

The proclamation does not apply to:

  • H-1B petitions submitted prior to 12:01 AM EDT on September 21, 2025.
  • H-1B petitions "requesting an amendment, change of status, or extension of stay for an alien inside the United States where the alien is granted such amendment, change, or extension." Beneficiaries of these petitions, if after the petition is approved, they depart from the US, apply for an H-1B visa stamp, and reenter the US will not be subject to the $100,000 fee.
  • Employees currently in H-1B status who travel outside the US and return during the approval dates of the H-1B.

At this time, there is no exemption for institutions of higher education from this fee. Required H-1B filing fees must be paid by the employer and may not be passed on to the employee. Litigation challenging the proclamation is ongoing. As always, international Spartans should consult OISS with questions or concerns related to immigration.

Key Points for Hiring Units

While the policy environment has changed, our legal and ethical obligations have not:

  • Hiring units should continue following standard MSU procedures and hiring templates. Sponsorship decisions, particularly those that may require payment of the new H-1B fee, must be assessed on a case-by-case basis in consultation with OISS, FASA, HR, and OGC. Please utilize standard template language for faculty and academic staff hires.  HR is working on standard template language for support staff and will communicate this out to MAU HR representatives. Please reach out to HR in the meantime if you need guidance on appropriate offer letter language for support staff hires.
  • Do not ask about a candidate’s visa status before extending an offer. Units are not obligated to sponsor a candidate for any immigration benefit.  A unit must have an objective business-related justification for not sponsoring a qualified candidate, such as financial hardship, the time needed to obtain an approved petition, or the posted position is not skilled enough to qualify for sponsorship.  Units may confirm post-offer whether sponsorship is needed and consult with appropriate university offices.
    • In some cases, there may be visa categories other than the H-1B that may be more appropriate. OISS can advise if alternative visa options align with federal regulations and MSU’s needs.  
    • If a candidate needs sponsorship for an H-1B visa that is subject to the $100,000 fee, the unit should reach out to OISS and OGC for guidance. If the fee would cause financial hardship, the unit may rescind the offer. Please consult with FASA or HR before rescinding an offer.
  • Hiring decisions must not be discriminatory. Units are prohibited from denying individuals' employment solely because of their real or perceived immigration or citizenship status.  
  • Plan ahead and consult early. In the MSU application process, applicants are asked if they need sponsorship.  Units may view the applications within their postings. If a unit has questions about providing sponsorship, please reach out to FASA or HR depending on the employee type. If the applicant you are actively recruiting or plan to hire requires H-1B sponsorship, please reach out as early as possible to your HR or FASA liaison.

Resources and Contacts

For the most current hiring guidance, including those who may be subject to the $100,000 H-1B fee, how to proceed if a candidate needs sponsorship, templates and sample language for offer letters, visit Faculty and Academic Staff Hiring Information. For case-specific questions, contact:
 

We recognize that these changes can create uncertainty and generate a lot of questions. MSU is monitoring the situation closely and will update recommendations and processes as needed. Above all, know that MSU will support our Global Spartan community as we practice inclusive, fair, and lawful hiring.

Sincerely,

Teresa Mastin, Vice Provost and Associate Vice President for Faculty and Academic Staff Affairs
Titus Awokuse, Vice Provost and Dean for International Studies and Programs
Donna Donovan, Associate Vice President, Human Resources