The H-1B visa program has recently undergone significant changes aimed at enhancing its efficiency and integrity. On January 17, 2025, the Department of Homeland Security implemented a final rule to modernize the H-1B program. This rule is meant to streamline the approval process, increase flexibility for employers to retain skilled workers, and strengthen oversight mechanisms. These updates are designed to better align the program with the evolving needs of the U.S. economy.
Purpose of H-1B Visas
The H-1B visa program [1] enables U.S. employers to hire foreign professionals in specialty occupations that require at least a bachelor’s degree or its equivalent. This visa has been particularly vital for industries seeking specialized talent to maintain competitiveness.
Eligibility Criteria for an H-1B Visa
To qualify for an H-1B visa, the following conditions must be met:
- Job: A U.S. employer must have a position that requires a bachelor’s degree or higher, for which the foreign worker is qualified.
- Educational Qualifications: The candidate should possess a relevant bachelor’s degree or equivalent work experience.
- Prevailing Wage: The employer is obligated to pay a salary that meets or exceeds the prevailing wage for the specific occupation and geographic location, as determined by the Department of Labor
H-1 B Visa Application Timeline
The H-1B application process is time-sensitive and the registration deadlines may change year to year. The deadlines for 2025 are as follows:
- Employer Registration: Employers must create an H-1B registration account, if they do not already have one.
- H-1B Lottery Registration: Between March 7 and March 24, 2025, employers must register each candidate for the H-1B lottery.
- H-1B Visa Petition Filing: If selected, the employer can file the complete H-1B visa petition beginning April 1, each year. Given the limited number of visas and high demand, early preparation is crucial.
H-1B Visa Duration and Extensions
An initial H-1B visa is granted for up to three years and can be extended for a total of six years. Extensions beyond six years, known as “7th-year extensions,” are possible if:
- Labor Condition Application (LCA) or an I-140 (an employment-based U.S. residency application [2]) was filed before the start of the sixth year.
- The LCA is pending, or if approved, there is a related I-140 petition pending or approved. This provision allows professionals to continue working while pursuing permanent residency.
Family Members of H-1B Visa Holders
Spouses and unmarried children under 21 can accompany H-1B visa holders under the H-4 visa category. While H-4 visa holders can live and study in the U.S., they are generally not permitted to work unless they obtain independent work authorization. H-4 dependent spouses of H-1B visa holders may be eligible to file Form I-765, Application for Employment Authorization, if the H-1B visa holder has initiated the process of obtaining employment-based lawful permanent resident status.
H-1B Employer Responsibilities
Employers sponsoring H-1B visas must:
- Pay the required wage within 30 days of the employee’s entry into the U.S. or 60 days from the visa approval date if the employee is already in the U.S.
- Ensure employment conditions align with those specified in the LCA (Labor Condition Application) and H-1B petition.
- Maintain records supporting the statements made in the LCA.
- Cover reasonable transportation costs for the employee’s return to their last place of residence if employment is terminated before the H-1B visa expires.
Recent Developments in the H-1B Visa Program
In January 2024, USCIS announced a final rule to strengthen the integrity of the H-1B lottery process [3]. The new beneficiary-centric selection process ensures that each candidate has an equal chance of selection, regardless of the number of registrations submitted on their behalf. Additionally, valid passport information is now required during registration, and USCIS has introduced new organizational accounts to facilitate collaboration among employers and their representatives.
The new rule also seeks to enhance flexibility for F-1 students transitioning to H-1B status, preventing disruptions in lawful status and work authorization. It also streamlines processing for individuals with prior H-1B approvals and permits beneficiaries with a controlling interest in the petitioning organization to qualify for H-1B status under specific conditions.
In addition, to strengthen program integrity, the rule grants USCIS authority to conduct inspections and enforce penalties for noncompliance. It also mandates that employers demonstrate that a bona fide specialty occupation position is available at the requested start date, ensures the Labor Condition Application aligns with the H-1B petition, and requires petitioners to have a legal presence and be subject to U.S. legal processes.
While the H-1B visa remains a critical pathway for skilled professionals seeking opportunities in the United States, the competitive nature of the program and recent procedural changes, demands that both employers and prospective employees keep informed and plan accordingly.
Schedule a Consultation with One of Our Employment Immigration Lawyers
If you need help preparing an H-1B visa application [1], an Employment Based Residency [2] petition or any other U.S. business visa [4], schedule a consultation with one of our experienced business immigration attorneys [4] at FitzGerald Law Company at: 617-523-6320 (ext.0) or fill our online appointment request form [5].
We can also help with any type of U.S. immigration petition [6], criminal defense [7] or personal injury [8] matter.