USCIS announced that the H-1B Cap initial registration period will open March 7, 2025, at 12:00 PM EST and will close at 12:00 PM EST on March 24, 2025. Employers take note: if you employ or are seeking to employ foreign students or other foreign talent in the U.S., this tiny window of opportunity is the only period in 2025 wherein employers are eligible to register any foreign talent they may seek to sponsor for the H-1B Cap lottery. This is the only method by which employers may sponsor a foreign national who has never held H-1B status previously. The registration will continue to be an electronic process. Over the years the USCIS online registration system has experienced temporary outages and technical glitches so be sure to identify your H-1B Cap population early. Also, remember that the filing fee for the H-1B Cap Registration has increased from $10.00 to $215.00 per applicant registered.

Impactful Changes to Specialty Occupation

The H-1B Rule implemented on January 17, 2025, clarifies the definition of a Specialty Occupation. With the revised definition of specialty occupation criteria, employers may want to review the educational background of an H-1B Cap applicant more carefully than in previous years to ensure it aligns with the offered position. 

• Previously, the law at 8 CFR 214.2(h)(4)(iii)(1) indicated that one of the criteria for an H-1B petition was that the position normally requires a bachelor’s or higher degree or its equivalent for entry into the particular position. 
• That provision has been revised and that criteria now requires that a U.S. bachelor’s or higher degree “in a directly related specific specialty, or its equivalent” normally serve as the minimum requirement for entry into the particular “occupation.”

Insightful Analysis

If a company seeks to sponsor a foreign worker for an opened position that may be filled by an applicant with a degree in any subject, then that position may not immediately qualify as a specialty occupation position. Similarly, even if a potential H-1B worker is an amazing candidate, if the candidate has a degree that seems unrelated to the position offered, it could be tougher to gain an approval under those facts. In either of these scenarios, USCIS may issue a tough Request for Evidence (RFE) under those circumstances. Do not be afraid to use the H-1B Cap Registration as a tool in your hiring strategy but do use an experienced immigration practitioner who will issue spot and mitigate risk to maximize chances of success.