In a key immigration development, the U.S. Citizenship and Immigration Services (USCIS) has announced that it has officially reached the fiscal year (FY) 2025 cap for the H-1B visa. This includes both the regular 65,000 visas and the additional 20,000 reserved for U.S. advanced degree holders. Here’s what you need to know about the situation and how it could affect both employers and workers.
Key Takeaways
- USCIS has reached the FY 2025 H-1B cap, including 65,000 regular and 20,000 master’s cap visas.
- Non-selected applicants will be notified soon through their online USCIS accounts.
- H-1B petitions for current workers, such as extensions or changes of employer, are exempt from the cap.
- The H-1B visa continues to be a critical tool for U.S. companies seeking specialized talent from abroad.
Context
The H-1B visa program has long been a key pathway for skilled foreign workers in the U.S. It allows employers to temporarily hire workers in specialized occupations, such as IT, engineering, and healthcare. The cap system, however, has led to intense competition for these visas, as the demand far exceeds the supply. Each year, USCIS issues a limited number of H-1B visas, and the program’s complexities have often led to changes in application procedures.
The H-1B Cap Reached
As of December 2024, USCIS has confirmed that it has received enough petitions to meet the annual cap of 65,000 regular H-1B visas and 20,000 advanced-degree exemptions for FY 2025. The regular cap applies to all applicants, while the master’s cap is reserved for those with a U.S. graduate degree. This announcement follows an extended registration period that ran through March and included a process where employers submit their potential workers for selection.
The announcement signals the end of the FY 2025 cap process, with USCIS now moving into notification mode.
What Happens Next for Non-Selected Registrants?
Those who are not selected in the lottery will be notified via their USCIS online account. They will receive the status message, “Not Selected: Not eligible to file an H-1B cap petition based on this registration.” For those selected, the process moves forward with the filing of complete petitions.
Non-selected applicants will have a clearer view of their immigration options, while selected candidates can proceed with their full H-1B application process.
Exemptions from the Cap
H-1B workers who have already been counted against the cap in previous years, or those applying for extensions, changes in employment terms, or changes of employer, are exempt from the cap. This ensures that current H-1B holders can continue their work without being subject to the cap again.
H-1B workers who are already in the system can continue working under the terms of their current visa without any cap concerns.
Legal Aid and the Need for an Immigration Attorney
Understanding the H-1B process, whether you are applying for the first time or making a change, can be complex. An experienced immigration attorney can help ensure that applications are correctly filed, avoid common mistakes, and offer advice on how to maximize your chances of success. This is especially important if you are dealing with exemptions or complicated situations like an H-1B transfer or change of employer.
An immigration attorney is key to successfully managing the H-1B process and ensuring compliance with immigration laws.
The Impact on U.S. Employers
Employers must be proactive in ensuring they are complying with the H-1B application process. With the cap reached, they will need to work closely with legal experts to evaluate their options for hiring skilled foreign workers, especially if their candidates are not selected. As the competition increases for these visas, it becomes even more crucial for employers to get their applications right.
Employers must pay extra attention to their hiring processes and may need to explore alternatives if their candidates are not selected.
Conclusion
With the FY 2025 H-1B cap now reached, employers and foreign workers must stay updated on their application status and explore their next steps. For those who were not selected, it may be a matter of waiting for the next application season or exploring alternative visa routes. It’s also important to stay connected with legal professionals who can provide the necessary guidance through this competitive process.
Frequently Asked Questions (FAQs)
What does it mean if I am not selected for the FY 2025 H-1B cap?
If you are not selected, you will be notified by USCIS. You will not be able to file an H-1B petition for that fiscal year but can try again the following year or explore other visa options.
Can I still apply for an H-1B if I am already in the U.S. on another visa?
Yes, if you are in the U.S. on a different non-immigrant visa, you can apply for an H-1B visa, but you must follow the cap selection process if you’re subject to it.
What if I already hold an H-1B visa and want to change employers?
If you’re changing employers, you don’t need to go through the cap process again. However, your new employer must file an H-1B transfer petition for you.
Can my application still be processed if I missed the deadline?
Only petitions that were submitted before the deadline will be considered, unless they fall under specific exemptions such as extensions or changes of employer.
Are there any exemptions from the H-1B cap?
Yes, current H-1B visa holders applying for extensions or transfers are exempt from the cap, as are workers in certain fields or at certain institutions.
What should employers do now that the H-1B cap has been reached?
Employers should review their hiring needs and consider other visa options if their desired candidates were not selected. They should also consult with immigration attorneys to explore alternatives.
Authors: Jonathan Wasden & Justin Rivera, Immigration Attorneys