H-1B cap filing season is fast approaching. U.S. employers sponsoring foreign workers for temporary H-1B visas should begin preparing for the new electronic registration starting March 7, 2025.
Understanding the H-1B Cap
The H-1B visa is the standard professional U.S. work visa, subject to an annual quota (or "cap") on new visas. Each year, 65,000 H-1B visas are available, with an additional 20,000 reserved for U.S. master’s degree holders. Individuals who have not previously held H-1B status are generally subject to this cap.
In recent years, the cap has been oversubscribed. When this happens, U.S. Citizenship & Immigration Services (USCIS) opens a designated registration window, accepting electronic applications for new H-1Bs. If the number of registrations exceeds the quota, USCIS conducts a random lottery to select applicants eligible to file H-1B petitions within the following 90 days.
What to Expect from This Year’s Process
For petitioners submitting complete physical filings for sponsored employees, the H-1B cap registration process will open at noon Eastern on March 7, 2025, and close at noon Eastern on March 24, 2025. This process will be conducted online, requiring petitioners to register each potential H-1B beneficiary during this period. A $215 fee applies per registration. If registrations exceed the annual quota, USCIS will conduct a lottery and notify petitioners of selected beneficiaries. Petitioners will then have 90 days to submit full H-1B petitions. Typically, these petitions are processed in late spring and summer, sometimes extending into the fall. Approved H-1B cases will take effect no earlier than October 1, 2025.
Identifying Employees for H-1B Sponsorship
Any employees or potential employees who have not previously held H-1B status are subject to the H-1B cap. Common employee situations where H-1B sponsorship is recommended are:
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- Employees in F-1 student status who are currently working pursuant to Curricular or Optional Practical Training (CPT or OPT).
- Employees in a dependent status (e.g. H-4*, L-2, etc.) with work authorization.
*The future of the H-4 EAD is uncertain. We would recommend sponsoring any individuals working on H-4 employment authorization documents for H-1Bs.
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- For employees in TN, E-3 or H-1B1 status, we recommend sponsoring them for H-1B status if you plan to pursue lawful permanent residence (i.e., a green card) on their behalf. TN, E-3 and H-1B1 visas require temporary intent, making them less suitable for individuals in the green card process. In contrast, the H-1B visa permits both temporary and permanent intent to remain in the U.S., offering a more advantageous status for employees seeking permanent residency.
Next Steps
Foster Garvey offers a team of highly knowledgeable professionals with extensive experience in federal immigration law. Employers are encouraged to notify us at their earliest convenience if they intend to sponsor employees for H-1B status this year. Early notice will allow sufficient time to assess eligibility and prepare the necessary registration ahead of the filing window, ensuring timely processing for this year’s H-1B cap.
For questions regarding the upcoming H-1B cap or immigration sponsorship and compliance matters, please contact Leo C. Peng or any member of our Labor, Employment & Immigration team.
This alert is intended to provide general information and does not constitute legal advice. Always consult with counsel for specific guidance tailored to your needs.
