This year’s H-1B Pre-Registration Filing Period is expected to run from early to mid-March 2025. U.S. Citizenship and Immigration Services (USCIS) will announce the registration dates in the coming weeks. One significant change is that H-1B pre-registration process fee will be $215.00 (up from $10.00 in 2024).
The H-1B Cap Season: March 2025
The H-1B nonimmigrant visa is one of the most highly utilized and sought-after temporary work visas. It facilitates the employment of foreign nationals entering the United States to perform employment in “specialty occupations,” which are occupations requiring at least a bachelor’s degree or equivalent to perform temporary duties in the United States. Please note that petitioners may submit only one (1) H-1B registration per H-1B applicant.
The H-1B visa is limited to 85,000 visa petition submissions per cap season and employment start dates occur on October 1 of each government fiscal year. H-1B visa petition submissions to USCIS may be filed up to 180 days in advance of the commencement of employment. April 1, 2025, is expected to be the first day of the year that H-1B filings for selected registrations are accepted by USCIS.
Considerations and Deadlines
For those cases selected in the H-1B lottery, employers must adhere to the filing period which is expected to run from April 1-June 30. While in most cases a cap petition may be filed at any time during that time frame, some cases must be filed at specific times and are time sensitive. Special consideration should be given to F-1 students holding optional practical training status who will need ‘H-1B cap -gap’ protection to continue employment during the summer months. Additionally, consideration would be given to those graduating in the spring of 2025 who, meeting all requirements of the degree, file H-1B petitions after conferral of the formal degree.
Students with valid optional practical training endorsement and valid employment authorization cards with validity expiring after April 1, 2025, and who are selected in the H-1B random lottery may remain in the United States, continue their employment pursuant to the special H-1B ‘cap-gap’ rules, and will have their status changed to H-1B effective October 1, 2025.
For those foreign nationals not selected in the H-1B cap lottery, consideration to other visa category eligibility should be carefully reviewed and considered. Other nonimmigrant visa options, including the O1 visa for extraordinary workers, the E visa for executive, managerial and essential skilled workers from qualifying countries and more, remain backups available for consideration if one may not be selected in the H-1B lottery or not qualify in the first instance.
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