Starting January 17, 2025, the US has implemented new rules for the H-1B visa program, including improved eligibility criteria, guarantees, and a more digital application process. Read on to learn how to apply for an H-1B visa for fiscal year 2026 and what updates to the program were approved in 2025.

What is an H-1B work visa

The H-1B visa is a non-immigrant visa that allows US companies to hire foreign workers for specialized positions that require theoretical or technical knowledge. Only highly qualified workers with at least a bachelor's degree, valuable knowledge, and at least three years of work experience can obtain a visa.

The maximum allowed period of work is 6 years.

The US has introduced restrictions on the number of H-1B work visas. The country's government issues 65,000 visas each year. They are distributed among applicants according to the lottery principle.

The H-1B lottery provides for certain rules and deadlines that H-1B applicants and their potential employers must understand in order to avoid problems.

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H-1B visa requirements

You are eligible to receive an H-1B visa if you are accepted into a specific position that has the following requirements for the applicant:

- Higher education: four-year bachelor's degree (or equivalent), master's degree or doctorate.

- Advanced training or professional skills.

- Be qualified to work on research projects of the US Department of Defense or in other government positions.

H-1B visa applicants can work in one of the following positions: IT specialists, architects, accountants, professors, doctors, lawyers, etc.

An H-1B work visa is initiated by an employer in the United States of America. The employer must have a vacancy and cannot find a US worker who is sufficiently qualified to perform the job.

H-1B visa limitations

The application process begins each spring.

In total, USCIS issues about 65,000 visas per year, of which:

- 6,800 slots are reserved for H-1B1 visas for citizens of Chile and Singapore.

- 20,000 permits are issued to international professionals who have earned a master's or doctorate degree from a U.S. institution.

Since many of these graduates are specialists in fields such as mathematics, technology, engineering, and medicine, the H1B plays a key role among international students seeking employment opportunities after studying in the United States.

How to register for an H-1B visa?

Step 1 – Make sure you are eligible for an H-1B visa.

Step 2 – Find an employer by applying for a job in the United States.

Step 3 – Your employer initiates the visa petition.

Step 4 – Apply for an H-1B visa at the nearest U.S. embassy/consulate in your country.

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How are H-1B visas processed?

The exact dates for filing H-1B visa applications in the US have not yet been announced, but the system is expected to begin accepting H-1B visa applications electronically on March 1 and will be completed by March 17. Potential employers or their authorized representatives will go through a registration process, which will require only basic information about the company and the prospective employee.

After completing the procedure, the applicant will receive a USCIS confirmation number, which can be used to track the registration. It is not possible to find out the status of the case in the Case Status Online system.

Employers or their official representatives will be able to create accounts on the USCIS portal and enter information about prospective employees starting February 21, and when registration officially begins, the applicant will be able to enter company information and pay a registration fee of $205 for each application.

It is worth noting that registration of multiple companies in one session is also available.

H-1B Visa Selection Process

Regarding the selection process, USCIS states that if a sufficient number of applicants register on the portal, USCIS will randomly select winners and notify them via their myUSCIS online accounts.

If there are fewer than the planned number of participants, all valid registrations will be selected.

Account holders will receive information by the end of March.

What changed in the H-1B program in January 2025?

Starting January 17, 2025, the modernized H-1B visa program began operating. The initiative, launched by the U.S. Department of Homeland Security (DHS), aims to increase fairness, transparency, and efficiency in hiring talent around the world, including:

1. Revised occupational qualifications

Employers must ensure that applicants’ degrees are directly related to their job roles before hiring. This change eliminates ambiguity and ensures that only qualified candidates meet the criteria.

2. Updated list of organizations exempted from restrictions

Organizations engaged in research, such as nonprofits and government research institutions, will now be exempt from restrictions. Universities and affiliated nonprofits can submit petitions year-round, expanding their ability to hire qualified professionals without restrictions.

Foreign students who transfer from F-1 visas to H-1B status will benefit greatly from an automatic extension of the limitation, allowing them to remain in the United States while their H-1B petitions are pending. USCIS also aims to expedite the processing of extensions and review, reducing visa wait times.

4. Stricter safeguards

To prevent abuse, penalties will be imposed on employers who submit bulk H-1B visa applications. Compliance checks and audits have been enhanced to ensure compliance, maintain program integrity, and prevent fraud.

5. Entrepreneurs and controlling interests

Entrepreneurs with significant ownership interests in their sponsoring companies can now apply for H-1B visas if they meet stricter criteria.

6. Preventing Lottery Abuse

Stricter measures will limit mass submissions by employers, ensuring that the lottery process remains fair and benefits genuine applicants.

Employers must now provide detailed evidence of the legitimacy of the employer-employee relationship, including contracts and work assignment details.

8. Digital Transformation

USCIS is using digital tools to modernize the lottery and application processes, making them more secure and efficient. These technologies will reduce errors, increase transparency, and streamline workflows, benefiting both applicants and employers.

9. Beneficiary-Focused Selection

The lottery process will now prioritize unique beneficiaries over multiple registrations by the same or different employers.

10. New Registration Requirements

Starting in fiscal year 2025, all registered beneficiaries will be required to provide information about a valid passport or travel document. This step adds a layer of verification.

H-1B Visa Outlook After Donald Trump’s Inauguration

The United States is gearing up for Donald Trump’s inauguration today, January 20, 2025. Previously, most immigration lawyers had advised H-1B visa holders to enter the United States as soon as possible, as there are concerns about a sharp change in policy under the new president. In particular, media reports have suggested that the upcoming policy changes could impose stricter re-entry requirements, creating uncertainty for visa holders working in specialized fields.

However, the H-1B visa program remains vital to addressing the skills shortage in the United States, especially in STEM fields. In recent weeks, prominent figures such as tech billionaire Elon Musk and politician Vivek Ramaswamy have been vocal advocates for the H-1B visa program, which makes it easier for skilled foreign workers to enter the United States. International college graduates, university employees, and key international employers are hoping that the H-1B visa will not be affected by the sweeping changes and bans.

The US government says that in 2025, the H-1B program will receive a fairer and more efficient process for hiring qualified foreign workers. Employers and applicants should familiarize themselves with the changes to take full advantage of the new opportunities.

However, given that the new US president plans to introduce important changes to the country's migration policy, we advise all expats to closely monitor news from the world of US migration law.

Reminder! Getting a Green Card in the US can be quite difficult, especially for applicants from high-demand countries. Read on to find out which ways to obtain a residence permit in the US will be the best in 2025.