How the H-1B Visa Process Works for Employers and Applicants

Quick Answer

The H-1B visa process requires an employer to file a petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of a foreign national worker in a specialty occupation.

For cap-subject petitions, employers must first register electronically during a designated window and pay a $215 registration fee per beneficiary before entering a lottery selection process. As of September 21, 2025, certain new H-1B petitions filed on behalf of beneficiaries outside the United States must also include a $100,000 fee under a Presidential Proclamation.

Key Facts

• The H-1B final rule took effect January 17, 2025, modernizing requirements for the H-1B program.
• A Presidential Proclamation signed September 19, 2025, requires a $100,000 fee for certain H-1B petitions filed at or after 12:01 a.m. Eastern on September 21, 2025.
• The $100,000 fee applies to petitions for beneficiaries who are outside the United States and do not have a valid H-1B visa; it does not apply to previously issued and currently valid H-1B visas or petitions submitted before the effective date.
• The registration fee for each H-1B cap registration is $215.
• For FY 2025, USCIS received approximately 442,000 unique beneficiary registrations and selected 114,017 beneficiaries, resulting in 120,603 selected registrations.
• For FY 2026, eligible unique beneficiaries dropped to approximately 339,000, a significant reduction from the prior year.
• Total eligible registrations fell from 470,342 in FY 2025 to 343,981 in FY 2026, a 26.9% reduction.
• USCIS attributed the decrease in registrations to new selection processes and reduced attempts to gain unfair advantage through multiple registrations.
• The next H-1B registration period is expected in March 2026.

The 2025 Rule Changes and What They Mean for Filers

The H-1B program underwent substantial regulatory changes in 2025, and understanding these shifts matters for anyone planning to file a petition in the coming cycle. The Department of Homeland Security's H-1B final rule took effect on January 17, 2025, introducing a range of modernization measures.

These changes touched beneficiary-centric selection, which means the lottery now operates on unique beneficiaries rather than total registrations, reducing the incentive for employers to file multiple registrations for the same person. Beyond the final rule, the Trump Administration issued a Proclamation on September 19, 2025, titled "Restriction on Entry of Certain Nonimmigrant Workers." This proclamation imposed a $100,000 fee on certain new H-1B petitions.

Specifically, the fee applies to petitions filed at or after 12:01 a.m. Eastern on September 21, 2025, on behalf of beneficiaries who are outside the United States and do not hold a valid H-1B visa.

This is a significant cost consideration for employers planning to bring new hires from abroad.

Scope of the $100,000 Fee

The fee structure has created confusion among employers, so let's clarify the boundaries. The Proclamation does not apply to previously issued and currently valid H-1B visas.

It also does not apply to petitions submitted before the September 21, 2025, effective date. This means employers who filed early or who have workers already in the pipeline with valid visas are not affected.

For new petitions filed after the cutoff, the $100,000 fee is an additional cost on top of the standard filing fees, the $215 registration fee, and any premium processing fees. Employers should factor this into their budgeting for the next hiring cycle.

The fee only applies to beneficiaries outside the United States without a valid H-1B visa, so petitions for workers already in the U.S. in another status or those with valid H-1B visas may not be subject to this charge.

Broader Reform Direction

The Proclamation also signaled further steps to reform the H-1B program. While the immediate effect was the fee and restrictions on re-entry for certain workers, the administration indicated that additional changes would follow.

These may include further eligibility curbs and modifications to the lottery system. Employers should monitor USCIS announcements closely, as the regulatory landscape remains fluid.

How the Lottery Registration Process Actually Works

The H-1B cap lottery is the gateway for most employers seeking to hire foreign workers in specialty occupations. The process begins with an electronic registration period, during which employers submit basic information about themselves and each prospective beneficiary.

For FY 2025, the registration window ran from noon ET on March 7, 2025, until noon ET on March 24, 2025. USCIS finalized lottery results by March 31, 2025.

Registration Mechanics and Fees

Each registration requires a $215 fee, which is non-refundable even if the beneficiary is not selected. Employers must create a USCIS online account and submit registrations through the electronic system.

The information required includes the employer's legal name, tax identification number, and contact details, along with the beneficiary's full name, date of birth, country of citizenship, and passport number. One of the most important changes from the FY 2025 cycle onward is the beneficiary-centric selection process.

Under this system, each unique beneficiary is entered into the lottery once, regardless of how many employers submit registrations on their behalf. If a beneficiary is selected, all employers who registered them are notified and may file petitions.

This change was designed to reduce the practice of submitting multiple registrations for the same person to game the system.

Selection Statistics and Trends

The FY 2025 lottery saw approximately 442,000 unique beneficiaries registered. USCIS selected 114,017 beneficiaries, which resulted in 120,603 selected registrations—the number is higher than the beneficiary count because some beneficiaries had multiple employers selected.

This selection number was smaller than in prior years, primarily due to the new beneficiary-centric system and reduced duplicate registrations. For FY 2026, the numbers dropped further.

Eligible unique beneficiaries fell to approximately 339,000, and total eligible registrations were 343,981. This represents a 26.9% reduction in eligible registrations compared to FY 2025.

USCIS noted that the decreased filing rate reflected fewer attempts to gain unfair advantage through multiple registrations, a direct result of the integrity measures implemented.

What Happens After Selection

Once a beneficiary is selected, the employer has a limited window to file a complete H-1B petition with USCIS. This includes the Form I-129, supporting documentation about the specialty occupation, the employer-employee relationship, and the beneficiary's qualifications.

The petition must also include the required filing fees, which have increased with the new Proclamation fee for certain overseas beneficiaries. After filing, USCIS reviews the petition for eligibility.

If approved, the beneficiary can apply for an H-1B visa at a U.S. consulate abroad or, if already in the U.S., request a change of status.

The approval is tied to the specific employer and position, so changing jobs requires a new petition.

Who Uses H-1B Visas and Why It Matters Now

The H-1B program is the primary pathway for U.S. employers to hire high-skilled foreign nationals.

While technology companies dominate the list of top users, a surprisingly large number of employers across various industries rely on the program. The American Immigration Council notes that the program's impact on the U.S.

economy is substantial, though data on the exact economic contribution is not fully detailed in the reference material.

Industry Concentration and Employer Behavior

Large technology firms consistently top the list of H-1B petitioners, but the program serves a much broader base. Employers in finance, healthcare, engineering, and academia all use H-1B visas to fill specialty occupation roles.

For many employers, the H-1B is the only practical way to hire a high-skilled foreign national for a permanent role in the United States. The concentration of registrations among a relatively small number of large employers has drawn scrutiny.

In FY 2025, USCIS reported that each beneficiary had on average one registration submitted on their behalf, down from previous years when multiple registrations were common. This shift reflects the integrity measures and the beneficiary-centric selection system.

Economic and Policy Context

The H-1B program sits at the intersection of immigration policy and economic competitiveness. Employers argue that the program fills critical skills gaps, while critics raise concerns about wage suppression and displacement of U.S.

workers. The 2025 reforms, including the $100,000 fee and eligibility curbs, represent a significant policy shift that affects both employer costs and worker mobility.

The Trump administration's approach has been to raise fees, curb eligibility, and implement changes to the lottery system. These measures aim to reduce fraud and ensure the program serves U.S.

economic interests. However, the higher costs may disproportionately affect smaller employers and startups that rely on foreign talent but have limited budgets.

Practical Guidance for Employers

For employers preparing for the next H-1B cycle, several steps are essential. First, identify which workers you intend to sponsor and gather their information well before the registration window opens.

The registration period is short—typically about two and a half weeks in March—so preparation is key. Second, budget for the $215 registration fee per beneficiary and the $100,000 Proclamation fee if applicable.

Third, work with experienced immigration counsel to ensure all documentation is in order before the petition filing deadline. Employers should also consider alternatives to the cap-subject H-1B.

The H-1B1 visa, for example, provides a nonimmigrant option for nationals of certain countries working in specialty occupations. Understanding these alternatives can provide flexibility when the lottery does not go as planned.

Enforcement, Integrity Measures, and What Comes Next

The H-1B program has faced persistent concerns about fraud and abuse, particularly around the registration process. In response, USCIS has implemented a series of integrity measures designed to reduce the potential for fraud.

These measures have had a measurable impact on registration numbers and selection patterns.

The Shift to Beneficiary-Centric Selection

The most significant integrity measure is the beneficiary-centric selection process. Under this system, each unique beneficiary is counted once, regardless of how many registrations are submitted on their behalf.

This eliminates the advantage of filing multiple registrations through different employers to increase the odds of selection. The data supports the effectiveness of this approach.

USCIS reported far fewer attempts to gain unfair advantage in the FY 2025 registration period compared to prior years. The drop in eligible registrations for FY 2026—from 470,342 to 343,981—further indicates that duplicate and fraudulent registrations have been substantially reduced.

The Proclamation's Impact on Enforcement

The September 2025 Proclamation added another layer of enforcement. Beyond the $100,000 fee, the Proclamation restricted re-entry for certain H-1B workers.

This measure appears designed to tighten control over who enters the United States under the program and to ensure compliance with visa terms. The Department of State also announced expanded screening and vetting for H-1B and H-4 visa applicants in December 2025.

This means longer processing times and more rigorous background checks for visa applicants. Employers should factor these delays into their hiring timelines, particularly for workers who need to enter the United States from abroad.

What to Expect in 2026 and Beyond

The regulatory environment for H-1B visas remains in flux. The Proclamation contemplated further steps to reform the program, including potential changes to eligibility criteria and the lottery system.

While no new rules have been announced beyond the January 2025 final rule and the September 2025 Proclamation, employers should anticipate additional changes. For the upcoming registration period in March 2026, employers should prepare for the same process but with continued scrutiny.

The registration window will likely follow the same pattern as previous years, with results expected by the end of March. However, the $100,000 fee for overseas beneficiaries without valid H-1B visas will remain a significant cost consideration.

Recommendations for a Successful Filing

Based on the available data and the current regulatory framework, employers should take the following steps:

• Start early: Begin identifying beneficiaries and gathering required information months before the registration window opens.
• Verify eligibility: Ensure that each beneficiary meets the specialty occupation requirements and that the employer-employee relationship is clear.
• Budget comprehensively: Account for the $215 registration fee, standard filing fees, premium processing if needed, and the $100,000 Proclamation fee if applicable.
• Monitor USCIS updates: The regulatory landscape can change quickly, so stay informed about new announcements.
• Consider alternatives: Explore H-1B1 and other visa categories as backup options.

Frequently Asked Questions

What is the difference between the regular H-1B cap and the Master's cap?

The H-1B cap includes 65,000 visas for the regular cap, with an additional 20,000 visas set aside for beneficiaries who have earned a master's degree or higher from a U.S. institution of higher education.

The Master's cap provides a second chance at selection for those who qualify, as registrations for Master's cap beneficiaries are first entered into the regular lottery and then, if not selected, into the Master's cap lottery.

When is the next H-1B registration period?

Based on the pattern of recent years, the next H-1B registration period is expected in March 2026. For FY 2025, the window ran from March 7 to March 24, 2025, with results finalized by March 31, 2025.

USCIS has not yet announced specific dates for the next cycle, so employers should monitor official announcements.

Does the $100,000 fee apply to all H-1B petitions?

No. The $100,000 fee applies only to certain H-1B petitions filed at or after 12:01 a.m.

Eastern on September 21, 2025, on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa. It does not apply to previously issued and currently valid H-1B visas or petitions submitted before the effective date.

How many H-1B petitions were approved in FY 2025?

The reference material indicates that USCIS approved a large number of H-1B petitions in FY 2025, with a surprisingly large number of employers using the program. Specific approval figures are not detailed in the available sources.

The lottery selected 120,603 registrations for FY 2025, but not all selected registrations result in approved petitions.

What happens if a beneficiary is selected but the employer does not file a petition?

If an employer is selected in the lottery but does not file a complete petition within the designated filing window, the registration is forfeited. The beneficiary is not automatically eligible for another selection in the same fiscal year.

Employers must ensure they can file a complete petition before entering the lottery.

Reference Notes

Information in this article is based on publicly available sources. Some details may change over time.

Verify with official sources before acting. Key sources include USCIS announcements on the H-1B final rule, the September 2025 Presidential Proclamation, and FY 2025 lottery statistics.

Specific dollar amounts, dates, and registration numbers are drawn from the reference material provided. The regulatory environment for H-1B visas continues to evolve, and employers should consult official USCIS guidance and qualified immigration counsel for the most current information.