H-1B Visa 2025: Key Changes for Tech Workers & Employers

Q: Q5. Is there an appeal process for registrations that USCIS finds are invalid duplicates?

USCIS will invalidate duplicate registrations by the same registrant. A registrant will not be able to appeal our finding that the registrations are duplicates.

The U.S. Department of Homeland Security (DHS) has announced significant updates to the H-1B visa program, set to take effect on January 17, 2025. These changes aim to modernize the system, improve flexibility for employers, and strengthen program integrity—impacting thousands of tech workers and companies relying on H-1B talent.

Sample H-1B Visa

Here’s what you need to know:

Table of Contents

1. Major Changes in the H-1B Visa 2025 Final Rule

A. Streamlined Approval Process

Deference to Prior Approvals: USCIS will continue deferring to prior petition approvals if the facts remain unchanged, reducing redundant reviews for extensions.
Clarified Specialty Occupation Criteria: The definition of a “specialty occupation” now explicitly requires a directly related degree (or equivalent) and clarifies that general degrees without specialization may not qualify.

B. Greater Flexibility for Employers & Workers

Beneficiary-Owned Startups: Entrepreneurs with controlling interest (>50%) in their U.S. company can now qualify for H-1B status, provided they perform specialty occupation duties most of the time.
Remote Work & Telework: Petitions can include off-site work arrangements (e.g., remote work) as long as the job is based in the U.S.

C. Stricter Oversight & Compliance

Site Visits & Verification: USCIS may conduct inspections at worksites (including third-party locations) to verify petition details.
Material Changes Require Amended Petitions: Changes in job location requiring a new Labor Condition Application (LCA) must be reported via an amended petition before the change takes effect.

D. Cap-Exempt Clarifications

Nonprofits affiliated with higher education institutions or engaged in research (basic/applied) remain cap-exempt.
Government research organizations (federal, state, or local) are now explicitly included as cap-exempt employers.

2. FY 2026 H-1B Visa Cap Update

Electronic Registration Process

Employers must electronically register and pay a $10 fee per beneficiary before filing H-1B cap-subject petitions.
USCIS received 343,981 eligible registrations for FY 2026, a 26.9% decrease from FY 2025 (470,342).
118,660 unique beneficiaries were selected (120,141 registrations total).

Key Trends

Fewer Multiple Registrations: The average registrations per beneficiary dropped to 1.01 (vs. 1.06 in FY 2025), indicating reduced fraud attempts.
Unique Employers: ~57,600 companies participated (similar to FY 2025).

Historical Data

Fiscal Year	Eligible Registrations	Selected Registrations
2021	269,424	124,415
2022	301,447	131,924
2023	474,421	127,600
2024	758,994	188,400
2025	470,342	135,137
2026	343,981	120,141

3. Fraud Prevention Measures

USCIS has cracked down on abuse of the H-1B registration system:

Beneficiary-Centric Selection: Registrations are now tied to unique beneficiaries (not employers), reducing duplicate filings.
Strict Attestations: Employers must certify under penalty of perjury that:
- The job offer is legitimate.
- They did not collude with other registrants to game the system.
Passport Validation: Registrations with invalid passport details (e.g., “NA”) are rejected.
Enforcement Actions: USCIS is denying/revoking petitions linked to fraud and referring cases for criminal prosecution.

Result: Fewer registrations in FY 2026 suggest the new rules are deterring abuse.

4. New Form I-129 (Effective Jan. 17, 2025)

USCIS will release an updated Form I-129 (edition 01/17/25) to reflect these changes. Key notes:

No grace period: Petitions filed on or after Jan. 17 must use the new form—older versions will be rejected.
Employers should review the updated form instructions carefully to avoid delays.

5. What This Means for Tech Workers & Employers

Tech Companies: Ensure job roles meet the refined “specialty occupation” criteria (e.g., requiring specific degrees in CS, engineering, etc.).
Startup Founders: H-1B self-sponsorship is now possible but comes with 18-month initial validity and strict compliance rules.
Remote Workers: Employers must confirm that telework arrangements comply with LCA and USCIS requirements.

6. Next Steps

Employers: Prepare for the Jan. 17 transition by reviewing job descriptions, LCAs, and petition filings under the new rules.
Employees: If you’re on an H-1B (or applying soon), consult your employer or immigration attorney to understand how these changes affect your status.

For full details, refer to the USCIS official announcement.

Q1. How to Apply H-1B Visa?

To submit an H-1B registration, you must first create a USCIS online account.
USCIS organizational accounts allow multiple people within an organization and their legal representatives to collaborate on and prepare H-1B registrations, H-1B petitions, and any associated Form I-907, Request for Premium Processing Service. Registrants need an organizational account to submit registrations for the H-1B cap selection process. For more information on creating and using organizational accounts, please see our Organizational Accounts FAQ.
The initial registration period for the FY 2026 H-1B cap opened at noon Eastern on March 7 and ran through noon Eastern on March 24.

Q2. H-1B Visa Increasing Chances of Selection

When you submit your registration(s), you must attest, under penalty of perjury, that all of the information contained in the submission is complete, true, and correct. The attestation that is required before submission indicates, “I further certify that this registration (or these registrations) reflects a legitimate job offer and that I, or the organization on whose behalf this registration (or these registrations) is being submitted, have not worked with, or agreed to work with, another registrant, petitioner, agent, or other individual or entity to submit a registration to unfairly increase chances of selection for the beneficiary or beneficiaries in this submission.”
If we find that this attestation was not true and correct (for example, that a company worked with another entity to submit multiple registrations for the same beneficiary to unfairly increase chances of selection for that beneficiary), we will deny or revoke the petition based on a registration with a false attestation in accordance with the regulatory language at 8 CFR 214.2(h)(10)(ii) and 8 CFR 214.2(h)(11)(iii)(A)(2). Furthermore, we may also refer the individual or entity who submitted a false attestation to appropriate federal law enforcement agencies for investigation and further action as appropriate.

Q3. Will both the attorney and the client (prospective registrant) need to create a USCIS online account for the H-1B electronic registration process?

Yes. Both the client (prospective registrant) and attorney will need a USCIS online account for the H-1B electronic registration process. If you are an attorney and already have an existing legal representative account, your account will work with the H-1B electronic registration process. You do not need to create a new legal representative account unless you do not have one.
All clients (prospective registrants) will need to create an H-1B organizational account to review and approve the Form G-28 and H-1B registrations as part of the electronic registration process.

Q4. As a registrant, can I delete my account?

See the Tips for Filing Forms Online webpage for information on how to delete your account.

Q5. Is there an appeal process for registrations that USCIS finds are invalid duplicates?

USCIS will invalidate duplicate registrations by the same registrant. A registrant will not be able to appeal our finding that the registrations are duplicates.