Author: Attorney Jian Joe Zhou (jzhou@hooyou.com)

On February 5, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the fiscal year 2026 H-1B cap (fiscal year 2026 is starting on 10/01/2025) will open at noon Eastern on March 7, 2025 and run through noon Eastern on March 24, 2025. During this period, prospective petitioners and representatives must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary.  One of the significant change is that the government H-1B lottery registration fee is now $215 per registration.

The H-1B visa, a crucial channel for attracting skilled foreign professionals, has recently undergone significant changes. On January 17, 2025, the U.S. Citizenship and Immigration Services (USCIS) officially implemented new regulations, which will have a profound impact on the upcoming 2025 H-1B application process.

Key Changes Introduced in the New Regulations

1. Extended Cap-Gap OPT Period for F-1 Students

One of the benefits brought by the new regulations is an extension of the Cap-Gap OPT period for F-1 students who are beneficiaries of H-1B applications.Under previous rules, the Cap-Gap OPT for F-1 students would expire on September 30. However, with the new changes, if an employer submits an H-1B petition for an F-1 student before their OPT expires, the Cap-Gap OPT can now be extended until the H-1B petition is approved, at the latest, until April 1 of the following year. This change helps prevent employment disruptions for students transitioning from F-1 to H-1B status due to delays in H-1B processing.

2. Expansion of H-1B Cap-Exempt Employer Eligibility

The new regulations also expand the scope of employers eligible for H-1B cap exemption. More institutions whose fundamental activity is research may now qualify. According to the new rules, when assessing whether a petition qualifies for a cap exemption, USCIS will focus on the nature of the job duties rather than the physical work location. This means that employment with a qualifying institution can include remote work or off-site employment. Additionally, even if the beneficiary is not directly employed by a cap-exempt institution, they may still qualify for an exemption if more than 50% of their work time is spent providing essential support to a qualifying institution.

3. Clarification on H-1B Petitions for Entrepreneurs

The new regulations provide clearer guidelines for entrepreneurs who wish to petition for their own H-1B visas through companies they have founded. The definition of a "U.S. Employer" has been expanded, allowing business owners who hold equity in their companies to apply for H-1B visas on their own behalf. This provides more opportunities for entrepreneurs to establish and grow their businesses in the U.S. using H-1B status.

Stricter H-1B Requirements

While some aspects of the new regulations offer greater flexibility, certain requirements for H-1B applications have become stricter:

- Clarification of the "Specialty Occupation" Requirement

The new rules further clarify the definition of a "Specialty Occupation," requiring that an applicant’s degree be directly related to their job duties. The focus is now on the actual coursework completed, rather than just the degree title. While some positions may accept multiple fields of study, employers must provide evidence showing how each academic field directly relates to the job's responsibilities.

- Enhanced Compliance Measures and Worksite Inspections

The new regulations strengthen worksite inspections and compliance measures to ensure the integrity of the H-1B program. Employers who fail to meet compliance requirements may face denial or revocation of their employees' H-1B petitions.

Navigating the Complex H-1B Process in 2025

With the evolving H-1B policies and potential shifts in immigration regulations under the new administration, the 2025 H-1B application process has become more complex and unpredictable; therefor it is crucial to work with an experienced immigration attorney to navigate the process.

A knowledgeable attorney can help applicants understand the latest policies, guide employers in preparing strong and compliant applications, and mitigate risks associated with policy uncertainties. For employers seeking to attract international talent and individuals pursuing career opportunities in the U.S., seeking professional legal assistance is a key step to ensuring a successful H-1B application.

About Attorney Jian Joe Zhou

Attorney Jian Joe Zhou is the Managing Partner and Co-Managing Attorney at Zhang & Associates, PC. With over 20 years of experience in business immigration law, he has successfully handled thousands of immigration cases, including complex H-1B petitions for various industries and professional backgrounds.

For more information about legal services, please contact Attorney Jian Joe Zhou at jzhou@hooyou.com.

 

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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients worldwide in all aspects of U.S immigration law. We have successfully handled over ten thousand immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, I-485 I-130, H-1B, O, L and J cases. In the past over twenty years, we have successfully helped over ten thousand clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

Zhang & Associates, P.C.

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Tel:	1-800-230-7040, 713-771-8433
Email:	info@hooyou.com
website:	http://www.hooyou.com

 

(02/05/2025)