H-1B cap pre-registration coming in March

The annual H-1B pre-registration process is set to open on March 7 and will continue through March 24, 2025.

Following the registration period, U.S. Citizenship and Immigration Services (USCIS) will conduct a lottery to determine which H-1B registrations will be eligible for full H-1B specialty worker petitions.

A total of 85,000 new H-1B visas are available each year, with 20,000 of those slots reserved for candidates who have earned a master’s degree or higher from a U.S. educational institution.

USCIS conducts an annual lottery to randomly select which employees may be sponsored for H-1B status due to the limited number of visas available.

Following changes implemented in January 2024, the USCIS will continue to require passport numbers or travel document numbers on lottery registrations.

That means each candidate is entered into the lottery only once, no matter how many registrations are submitted on their behalf. If a beneficiary is selected, all employers who filed a registration will be eligible to file a petition on their behalf.

After the lottery selection, an employer must prepare and submit a complete H-1B petition package. This package includes various forms and evidence demonstrating that the position qualifies as a specialty occupation and that the beneficiary meets the requirements for the position.

Potential candidates

Employers are advised to begin assessing their hiring needs and identifying foreign national employees who may require H-1B visa sponsorship.

Potential H-1B candidates may include:

• Foreign nationals not already employed under H-1B1 status
• F-1 students or recent grads working under Optional Practical Training (OPT)
• Candidates at a nonprofit or exempt entity who want to switch to a for-profit employer
• Employees in H-4, L-2, TN, E, or TPS status
• Employees approaching the maximum limit of their current status

Timeline

The H-1B cap registration timeline opens on March 7 at noon EST and closes at noon EST on March 25, 2025. USCIS will conduct the lottery and notify employers by March 31. Employers can begin filing H-1B cap petitions for selected beneficiaries on April 1, 2025. Employment start dates begin on October 1.

Exemptions

Not all foreign nationals are subject to the H-1B quota.

Employees currently in H-1B status with a for-profit employer or those working for cap-exempt organizations, such as universities, nonprofit research organizations, and government research organizations, may not need to go through the lottery process.

As the H-1B visa program remains highly competitive, with demand consistently exceeding the annual quota, early preparation is essential for employers seeking to sponsor foreign national employees.