Today, U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough petitions to meet the congressionally mandated H-1B visa cap for fiscal year (FY) 2025. The cap includes the 65,000 regular H-1B visa slots and the additional 20,000 slots reserved for U.S. advanced degree holders (commonly referred to as the master’s cap).
This announcement marks an important milestone for U.S. employers and foreign nationals who rely on the H-1B program to fill specialty occupation roles in critical sectors. Below, we break down what this means and outline the next steps for employers and H-1B employees.
What Happens Next?
For registrants not selected in the FY 2025 H-1B lottery, USCIS will issue non-selection notifications through online accounts over the next few days. For registrations that were not selected, the status will be updated to:
- Not Selected: “Not selected – not eligible to file an H-1B cap petition based on this registration.”
2025 H-1B Cap-Exempt Petitions Still Accepted
While the FY 2025 cap has been reached, USCIS will continue to accept and process certain petitions exempt from the cap, including:
- Extensions: Requests to extend the period of stay for current H-1B workers.
- Amendments: Petitions to change the terms of employment for current H-1B workers.
- Transfers: Petitions allowing current H-1B workers to change employers.
- Concurrent Employment: Petitions permitting current H-1B workers to work in additional H-1B positions concurrently.
Impact on Employers and Foreign Nationals
The high demand for H-1B visas underscores the continued challenges faced by U.S. businesses seeking to hire foreign talent in specialized fields such as technology, engineering, and healthcare. Employers whose candidates were not selected should evaluate alternative strategies, including:
- Exploring cap-exempt opportunities, such as employment at universities, non-profit research organizations, or governmental research institutions.
- Considering other visa categories like the O-1 for individuals with extraordinary ability, the L-1 for intracompany transferees, or the E-2 for treaty investors or employees.
- Planning ahead for FY 2026, including preparing robust registrations and documentation for potential re-submission.
Looking Ahead
The H-1B program remains a vital tool for U.S. employers to address workforce needs and bring specialized talent into their organizations. Goel & Anderson continues to assist businesses in navigating the complexities of the H-1B program and developing tailored immigration strategies to meet their workforce goals.
If your organization is impacted by the FY 2025 H-1B cap, or if you need guidance on next steps, our team is here to help. Contact us to schedule a consultation and explore your options.
