The H-1B visa is a nonimmigrant work visa which allows skilled workers who meet certain requirements to remain in the United States while working for a specific employer. These visas allow U.S. companies to hire foreign nationals who fulfill a role an American worker cannot. They are initially issued for three years and can be extended.
Similarly, H-2B visas are for workers from overseas who will fill temporary non-agricultural jobs. These include jobs that have seasonal, intermittent or one-time need for more workers. There is a cap of 66,000 H-2B visas issued per year. Like the H-1B visas we will be discussing here, the H-2B visa process has experienced some updates. These include the eligibility of more countries of origin for these workers, longer grace periods and more worker mobility. However, in this article we will focus on the H-1B visa changes. For H-2B visa requirements, please visit the USCIS H-2B website here.
What is the H-1B Process?
In 2025 as in previous years, there will be a 65,000 H-1B visa cap with 20,000 more available for foreign nationals with advanced degrees from a U.S. university. With more than 275,000 applications usually filed for this visa, a lottery system is used to determine which applicants will be granted an H-1B visa. The lottery system is a random selection process.
H-1B Petitions must be filed by the prospective employer during a set time period each year using an electronic registration process. The employer petitioner pays the registration fee and registers electronically for the job candidate.
What Are the New H-1B Procedures?
As of January 2024, the process was streamlined to allow for better integrity. One example of this is the lottery selection process. Before January 2024, multiple companies could submit a registration for the same prospective employee to increase their odds of being selected. As of January 2024, a unique identifier began to be issued for each beneficiary, consisting of a combination of birthdate and passport number, instead of the electronic registration system. This was to afford equal opportunity of winning to each beneficiary, making the process more fair across the board.
In December of 2024, the Department of Homeland Security announced more new regulations governing the H-1B process, called the H-1B Modernization Final Rule. Some of the new procedures under this Rule are listed below:
- A new form I-129 that must be used (Form I-129, Petition for Nonimmigrant Worker)
- The degree each candidate holds must be related to the job they will be doing
- Revised criteria for specialty jobs
- Automatics cap-gap extensions for F-1 Students
- Faster processing timelines
- Department of Homeland Security will increase their oversight with more inspections of worksites, increasing review of employer compliance, and imposing penalties for noncompliance
- Employer must prove it has a legitimate position open for the worker
- Petitioner employer must prove they have a legal presence in the U.S. and are subject to U.S. courts
These are just some of the changes. The Department of Homeland Security has also advised that they will give deference to prior visa approvals granted by USCIS unless there has been a material change in circumstances. This provides some assurance for current H-1B holders.
Lottery Dates
The 2025 H-1B lottery will begin at noon Eastern Time on March 7, 2025 and run until noon Eastern Time on March 24, 2025 with decisions being made by March 31, 2025. The winners then have 90 days to file their petitions. USCIS will follow H-1B Electronic Registration Process.
What Does This Mean for Applicants?
The second Trump administration has begun and seems likely to screen immigration applicants more closely than the previous administration was doing. This may mean the process may take longer and documents and qualifications will be examined more closely. For employers, ensuring that your prospective workers meet all the requirements and have their documents and passports in order may help the process to go smoothly.
What To Do If You Have More Questions
If you are an employer seeking to petition for a candidate from overseas, contact our office today to submit your application in time before the lottery opens.
For help with any immigration questions from an experienced attorney, fill out the form Immigration Attorneys – Siri & Glimstad LLP. Do not delay! Immigration policies are changing at a rapid pace and it has never been more important to have a knowledgeable and compassionate advocate on your side through the process.
