It’s That Time to Start Thinking About H-1B Work Visas and Lottery Registration

By: Richard Hanus, Esq.

February 10, 2025

We are in thick of winter and our immigration headlines are focused on Donald Trump’s vision for deporting all of our nation’s undocumented individuals and families and overturning well established law relating to automatic U.S. citizenship for those born here.  While these noisy pronouncements make for potent messaging and merit our heightened concern, neither have much of a chance of succeeding.  On the other hand, how our immigration system will soon allocate its annual supply of H-1B work visas for 85,000 prospective foreign “specialty workers” to fill positions with U.S. companies is an actual reality set to be put in motion next month, starting March 7, 2025.

In recent days, U.S. Department of Homeland Security/Citizenship and Immigration Services (“US CIS”) announced the annual launch of the 2026 fiscal year H-1B visa lottery registration.  U.S. companies and their prospective workers are now on official notice that steps must be taken to gather documentation and information to register to have a chance at these highly coveted visas.  More specifically, beginning March 7, 2025, NOON EST, and ending NOON EST March 24, 2025, U.S. employers will have access to an H-1B visa lottery registration system that affords them an opportunity to employ a foreign national in a position that meets applicable legal requirements.

Pursuant to federal statute, 85,000 H-1B visas are made available annually, and each year, without fail, demand exceeds supply by huge margins.  That said, the registration process remains mostly straight forward, with the prospective petitioning employer submitting information about their organization and prospective H-1B worker by way of their online US CIS account.  Unlike previous H-1B registration processes, the coming year’s registration process comes with a dramatic fee increase, from $10.00 to now $215.00  per registration.

Within several weeks following the end of the registration period, US CIS will begin  notifying registrants of either the good news or bad news, including with details of how chosen registrant can initiate the H-1B petition process.  If chosen in the lottery and the employer’s petition is later approved by US CIS, the petitioned worker will be able to obtain an H-1B visa, or begin their H-1B sponsored employment, commencing October 1, 2025.   The initial period of approval can be for up to 3 years, and with eligibility for at least another 3 years.

Also, like during the previous Trump administration, there is a decent chance the decision-making process for H-1B petitions and other types of immigration filings, will involve intense scrutiny and where reasons to deny filings will be the focus.  In this regard, US CIS’ favorite areas to put under the magnifying glass include the sufficiency of the wage offered and the connection between the job at issue and the prospective worker’s educational background.

For companies and workers thinking about an H-1B visa petition filing, some of the basic requirements include:

1. A bona fide U.S. employer offering the prospective H-1B worker a position in a “specialty occupation” where attainment of a bachelor’s degree (or higher) is  typically required for the occupation at issue and the salary offered is line the “prevailing wage” as determined by the U.S. Department of Labor AND

2. The petitioned worker earning a university degree (or equivalent – via education and experience) in an area of study connected to the job being offered – although experience in the position offered often can be used in place of  coursework.

News and policy updates related to the H-1B visa lottery registration and petition process will continue to be covered in this blog.