H1B Visa 2025: Complete Guide to Applications, Rules, and Updates

Quick summary — what changed for 2025

• USCIS continues to use the electronic H-1B registration system and beneficiary-centric selections for cap seasons.
• The government confirmed updated policy measures in September 2025 aimed at reforming the H-1B program; these include stronger enforcement steps and an additional one-time fee applying to new petitions (details below).
• FY-2025 cap filings were reached during the 2024-25 cycle, and USCIS has continued to refine selection and filing procedures.

What is the H-1B (quick refresher)

The H-1B nonimmigrant classification allows U.S. employers to temporarily hire foreign workers in “specialty occupations” — roles that require theoretical and practical application of a body of highly specialized knowledge and at least a bachelor’s degree (or equivalent) in a field related to the job. Typical H-1B occupations include engineers, IT professionals, scientists, architects, and similar skilled roles. USCIS provides official program definitions and guidance for employers and beneficiaries.

Cap, exemptions, and visa numbers (FY 2025 context)

The annual congressionally-mandated H-1B numerical limits remain: 65,000 regular cap visas plus 20,000 for beneficiaries with a U.S. master’s (or higher) degree (the advanced degree exemption). USCIS reported receiving enough petitions to reach the FY-2025 caps during the FY-2025 cycle. Per-country limits apply for immigrant visa categories (via the State Department Visa Bulletin), but the H-1B cap itself is applied at petition stage.

Electronic registration & lottery — timeline & process (what applicants and employers must know)

USCIS uses a two-step process: first, the employer or authorized representative submits an electronic registration for each beneficiary during the designated registration window; then, USCIS runs a random selection (lottery) and notifies registrants whose beneficiaries were selected. Only those with selected registrations may file H-1B cap-subject petitions. Recent cycles have emphasized a “beneficiary-centric” approach and multiple selection rounds to reach the cap while reducing duplicate filings. Key details and the registration portal are maintained by USCIS.

Important procedural points (2024–2025 practice)

• The registration system usually opens in early March for the fiscal year that begins on October 1. Employers must register and pay a per-registration fee (the fee level has changed in recent years — see fees section).
• USCIS may conduct one or more selection rounds. After selection, petitioners have specific filing windows (for example, in past seasons selected registrations allowed filing starting April 1). Keep written proof of selection notifications.
• Only petitioners with a valid selected registration should submit an H-1B cap petition; unauthorized filings risk rejection.

Recent policy & fee changes (September 2025 update)

New entry restriction and one-time fee: In September 2025 the White House issued a proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers” and related admin actions intended to curb program abuses. This included directives on enforcement and wage-level reforms. Subsequently, news outlets reported a new one-time fee applied to new H-1B petitions (reports in late September 2025 indicate a $100,000 one-time fee for new petitions; the administration and White House materials indicate the measure targets future new petitions and does not apply to existing H-1B holders). Because this is a major, rapidly evolving policy area, check official USCIS/White House releases and reputable news outlets for the precise text, exceptions, effective dates, and implementation details before filing.

Eligibility — who can get H-1B?

Basic eligibility criteria:

• The job must qualify as a specialty occupation requiring a minimum of a bachelor’s degree (or equivalent) in a specific field.
• The beneficiary must have the required degree or equivalent experience that demonstrates the specialty knowledge (degree evaluation may be necessary for foreign degrees).
• The employer must file a Labor Condition Application (LCA) certified by the U.S. Department of Labor attesting to wages and working conditions, unless exempt.

Certain employers (e.g., nonprofit research organizations, university-affiliated entities) may be exempt from the numerical cap (cap-exempt) and can file H-1B petitions outside the lottery.

Fees & filing costs (what to budget for)

H-1B fee structure typically includes multiple fees collected from employers (filing fees for Form I-129, fraud prevention & detection fee, ACWIA fee for employers above certain sizes, optional premium processing fee, and attorney fees when used). As noted above, a new one-time fee announced in late September 2025 may apply to new petitions — reports describe a $100,000 amount for new petitions, with stated exceptions for current holders; check official guidance for final rule text and exceptions. Because fees and who pays them can vary, employers should confirm the current fee schedule on USCIS and consult counsel for any employer-paid vs. beneficiary-paid questions.

Documentation checklist (for employers and beneficiaries)

• Completed Form I-129 (and supplements if applicable) — filed by the employer.
• USCIS-certified LCA from the Department of Labor (ETA-9035/9035E) showing offered wage and location.
• Copies of beneficiary’s degree certificates, transcripts, and evaluated credentials (if foreign degree).
• Resume/CV, employment verification letters, and publications or licenses (if relevant).
• Copy of passport, any prior U.S. immigration documents (I-94, prior approvals), and passport photos if requested.
• Employer supporting letter describing job duties, requirements, and why it qualifies as a specialty occupation.

Premium processing & timelines

USCIS offers premium processing for certain petitions, which speeds adjudication (historically to 15 calendar days, though processing goals and availability have varied and USCIS may temporarily pause premium processing by category). Premium processing availability and service levels have changed at times; check current USCIS premium processing notices before filing.

Common pitfalls & filing tips

• Registration vs. Petition confusion: Many employers mistakenly file an H-1B petition without a selected registration — this leads to rejection. Always confirm selection notice (USCIS online account) before filing a cap petition.
• Incomplete LCAs: LCA wage level and job location are common causes of RFEs — be precise and conservative with wage determinations based on the DOL’s prevailing wage rules.
• Document consistency: Job title, wages, duties, and degree fields should match across LCA, petition, and employer letters.
• Timing: Track registration windows, filing windows and visa bulletin cutoffs if transitioning from consular processing or adjusting status.
• Use of counsel: Given recent policy changes and enforcement focus, many employers use experienced immigration counsel to minimize RFE risk and ensure compliance.

If your registration wasn’t selected — next steps

Not being selected in the lottery does not bar you forever. Options include:

• Seek cap-exempt employment (universities, research nonprofits, government research organizations).
• Pursue alternative visa categories (O-1 for extraordinary ability, L-1 intracompany transferee if eligible, or dependent-status options).
• Improve credentials (advanced degree) to increase chances in future advanced-degree exemption lotteries.

Consular processing vs adjustment of status

H-1B beneficiaries may obtain visas at a U.S. consulate abroad (consular processing) or, if eligible, change status inside the U.S. depending on current status and eligibility. Visa appointment wait times and consular operations vary by country and by recent events — applicants should monitor the U.S. Department of State and local consulate updates for appointment availability.

What employers should do now (action checklist)

1. Monitor official USCIS and Department of Labor guidance daily for fee, filing or policy updates.
2. Coordinate with HR and immigration counsel to determine budgeting for potential new fees and to confirm which petitions might be impacted.
3. Prepare complete documentation and LCAs well in advance of the registration window.
4. Consider cap-exempt pathways for mission-critical roles if available.

FAQ — Quick answers

Q: Has USCIS stopped the H-1B lottery?

No. As of 2025 USCIS continues to use electronic registration and lottery selection for cap-subject H-1B petitions. Multiple selection rounds have been used to meet the cap while reducing duplicate filings.

Q: Does the new fee apply to current H-1B workers?

Public statements in late September 2025 indicate the newly announced one-time fee applies to new petitions and not to existing H-1B holders; agencies and the White House have described exceptions. However, the exact text, scope and exceptions will be spelled out in official implementing documents. Verify the final rule and USCIS guidance before relying on any one news report.

Q: When will the registration window open for the next cap?

Historically the registration window opens in early March for the fiscal year beginning October 1; USCIS posts exact dates each year. Watch the USCIS electronic registration page for the official announcement.

Final recommendations

If you are an applicant: maintain clear communication with your prospective employer and immigration counsel; gather degree evaluations and supporting documents now so you are ready if selected. If you are an employer: confirm your budget assumptions (including any new fees), ensure LCAs are correct, and use counsel where the filing environment is uncertain. Because changes in late September 2025 may materially affect filing cost and strategy, treat this moment as one requiring careful confirmation of official sources before filing.