H-1B Visa 2025: Surprising Updates You Should Know

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Let’s take a closer look at the latest H-1B visa updates for 2025. From revised fee requirements to changes in work authorization, here’s the key information every professional should be aware of.

  • Annual Cap: The H-1B visa program has an annual cap of 65,000 visas, plus an additional 20,000 for U.S. advanced degree holders. Certain employers, such as universities and research institutions, are exempt from this cap.

  • Validity: H-1B visas are typically granted for an initial period of 3 years, with the possibility of extending up to 6 years.

  • Lottery Process: If the number of applications exceeds the cap, USCIS conducts a random lottery to select petitions for processing.

  • Recent Regulatory Updates:

    • Fee Requirement: The H-1B visa fee requirement mandates that, as of 12:01 a.m. Eastern Daylight Time on September 21, 2025, a $100,000 fee must accompany all new H-1B visa petitions submitted to the U.S. Citizenship and Immigration Services (USCIS). This includes petitions for the fiscal year 2026 lottery and any other new H-1B petitions filed after the specified time. USCIS

It’s important to note that this fee does not apply to:

  • H-1B petitions submitted before the effective time and date.
  • H-1B renewals or extensions.
  • Petitions filed by exempt employers, such as universities and certain research institutions.

The fee is a one-time payment required at the time of submission and is not subject to refund. USCIS has issued guidance regarding this fee requirement, which is available on their official website.

  • Cap-Gap Extension: Eligible F-1 students with a timely filed H-1B petition may extend their status and work authorization until April 1, reducing the gap between F-1/OPT expiry and H-1B start dates.

  • Modernization Rule (Effective January 17, 2025): DHS introduced a final rule that modernizes the H-1B program by streamlining the approval process, increasing flexibility, and improving program integrity and oversight.

  • Employer Sponsorship: Individuals cannot apply independently; a U.S. employer must file the petition on behalf of the applicant.

Official Sources:

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