H1B Visa: What Are the Revised Application Rules?

As of 2025, the rules for applying for an H-1B visa have seen several revisions and updates. Here are the key changes and guidelines:

1. Registration Process (Electronic Registration System)

• Electronic Registration: Employers must first submit an electronic registration through the U.S. Citizenship and Immigration Services (USCIS) online portal, typically in March.

• Lottery: After registration, USCIS conducts a random lottery if the number of registrations exceeds the annual cap. If selected, the employer will be invited to file a full H-1B petition for the worker.

2. Annual Cap

• The general H-1B visa cap is 65,000 new visas per fiscal year.

• An additional 20,000 visas are available for individuals with a U.S. master's degree or higher (Advanced Degree Exemption).

• Some employers, such as non-profit organizations, research institutions, and universities, may be exempt from the cap.

3. Prevailing Wage Requirement

• Employers must ensure the H-1B worker will be paid at least the prevailing wage for the occupation in the area of employment, or the actual wage paid to similar employees in the same company, whichever is higher.

• This is to ensure that foreign workers are not underpaid compared to U.S. workers.

4. Specialty Occupation Requirement

• The position must qualify as a “specialty occupation,” meaning it requires a minimum of a bachelor’s degree or its equivalent in a specialized field of study.

• Examples include jobs in fields like engineering, computer science, mathematics, and medicine.

5. Salary Transparency

• Employers must comply with new transparency rules, disclosing salary information for H-1B workers when filing a petition with the USCIS.

• Additionally, workers’ salaries must be reported in the LCA (Labor Condition Application), and employers must ensure there is no wage theft or discrimination.

6. Dependents (H-4 Visas)

• H-4 Visa Holders: Spouses and children (under 21) of H-1B visa holders can apply for H-4 dependent visas.

• H-4 visa holders may be eligible to work if the primary H-1B visa holder is in the process of obtaining a green card.

7. Premium Processing

• USCIS offers an expedited processing option (Premium Processing) for certain H-1B petitions. The fee for Premium Processing is $2,500 (subject to change).

• This service allows for a faster decision, typically within 15 calendar days.

8. Extension of Stay

• H-1B workers can extend their stay up to 6 years (in total). If they are in the process of applying for a green card, additional extensions are possible beyond the 6-year limit.

• For individuals applying for permanent residency (green card), they may be able to extend their H-1B status beyond 6 years if certain conditions are met.

9. Changes in Employment or Location

• If an H-1B worker changes employers, a new petition must be filed. The new employer must go through the H-1B process (including obtaining a Labor Condition Application).

• A change of job title, job duties, or work location may require an amended petition.

10. Compliance with Employer Requirements

• Employers must maintain proper records and comply with all U.S. labor laws, such as ensuring that the H-1B worker's role and salary meet the qualifications set forth in the petition.

11. Duration of Stay and Extensions

• Initially, H-1B visas are granted for up to 3 years and can be extended for a total of 6 years.

• After 6 years, if the H-1B holder has started the green card process, they may apply for extensions beyond the 6-year limit.

12. Changes for Remote Work

• New guidelines address remote work. If the work is to be performed outside the metropolitan area listed in the petition, the employer must file an amended petition to reflect the new location.

Conclusion:

The H-1B visa program has strict guidelines, and it is crucial for both employers and applicants to follow the updated rules and regulations, including the electronic registration, prevailing wage requirements, and transparency in employment practices. Keeping up with changes in the application process and regulations will ensure a smoother experience for both parties.