H-1B Visa Requirements in 2025: Everything You Need To Know

For U.S. companies competing for top-tier global talent, the H-1B visa is an effective method for hiring specialized foreign nationals. But with nearly half a million registrations in 2025 and strict visa requirements, this category is extremely competitive. 

To give your company and potential employees the best chance possible, you need to strategically prepare petitions and register within the correct window.

This guide explores everything employers need to know about the H-1B visa and how Ellis can help build successful petitions without the usual stress.

What Is the H-1B Visa?

The H-1B is a nonimmigrant visa category for foreign nationals with highly specialized knowledge. Employers can sponsor a foreign worker’s H-1B visa to fill a position that requires a bachelor’s or higher degree and the practical application of expert knowledge in a field. 

After obtaining an H-1B visa, a foreign national can stay in the U.S. for up to three years, with the option to extend to a maximum of six years. The H-1B visa holder’s spouse and unmarried children under the age of 21 can come to the U.S. on an H-4 nonimmigrant visa. 

Requirements for the H-1B Visa (For Employers)

Employers sponsoring an employee for an H-1B visa need to meet several requirements. Here are the main obligations employers must fulfill when filing an H-1B visa application:

• Specialty job role: An employer can sponsor a worker only if the job role needs specialized knowledge. When crafting a job description, the employer must demonstrate that the role requires specific skills and education.
• Prevailing wage and Labor Condition Application (LCA): The employer must obtain a certified LCA from the Department of Labor (DOL). An LCA verifies that the worker will be paid a wage in line with the prevailing wage of that position in their location.
• $100,000 payment: The White House recently issued a new proclamation that, starting September 21st, 2025, U.S. companies must pay an additional $100,000 to sponsor an H-1B visa. The Secretary of Homeland Security can grant an exception to this fee in rare cases, like when employers can prove that the foreign worker’s presence in the U.S. is in the national interest.

H-1B Visa Cap Lottery

There’s an annual limit for the total number of new visas that USCIS can issue in the H-1B category: a regular cap of 65,000 H-1B visas, plus 20,000 for workers who have at least a U.S. master’s degree.

Since there’s a limited number of visas, USCIS conducts random selection through an electronic lottery. To enter workers in the lottery, employers must register their petitions through the H-1B Electronic Registration Process, which opens for a minimum of 14 calendar days per fiscal year. USCIS will take all entries, run a random selection, and alert employers of selected workers to file their complete H-1B visa petitions. 

USCIS exempts some nonprofits and higher education employers from the H-1B numerical caps, so their petitions aren’t subject to the random electronic lottery.

This table shows the number of registrations and selections for fiscal years 2021-26:

How Employers Should Prepare

Your organization must prepare to submit employees’ documents ahead of the H-1B cap season. Planning ahead, identifying eligible employees, and building a case beforehand streamlines the process.

Here’s how businesses can prepare:

Identify Eligible Roles

The H-1B visa category has strict requirements for both specialized knowledge and academic degrees. As this visa category is for positions needing advanced knowledge, it’s usually filled with software developers, scientists, researchers, and engineers. 

Employers should ensure that the job position they’re intending to fill with an H-1B holder qualifies as a specialty occupation under the Code of Federal Regulations.

Create a myUSCIS Account

A myUSCIS account acts as a central hub for registering for the H-1B lottery. Employers can create an organizational account ahead of time, which allows them and their legal counsel to interact with the platform.

Employers with a myUSCIS account can use the Organizational Accounts FAQs page to find clear answers to common questions.

Organize Candidate Information

Employers should gather as much information on their employees as possible to ensure they can apply quickly with accurate documents. 

Aim to collect a candidate’s identity documents and verified copies of their degrees and transcripts, plus include a contract, job title, description of duties, worksite location, and salary offer. Make sure details are accurate across all official documents, including USCIS petitions and on the LCA. 

Set Your Budget

Due to the addition of the $100,000 fee, the H-1B category is now quite expensive to pursue. Beyond this, businesses also need to consider standard filing costs and plan for any legal or administrative support they employ. Setting a budget at the outset will help manage the financial impact with confidence.

Check Whether an Application Requires the $100,000 Fee

You need to pay the one-time $100,000 fee only for candidates who, at the time of H1-B petition filing, are:

• Outside the U.S.
• Inside the U.S. but not eligible for change of status
• Inside the U.S. and eligible to file for change of status, but become ineligible for approval at some point during the process (e.g., if they leave the U.S. after their petition is filed but before it’s approved)

Work With Experienced Immigration Counsel

The H-1B category is extremely competitive, has strict timelines, and requires several different forms and approvals — so there’s no room for mistakes or delays. To give your company and international hires the best possible chance of success, partner with an immigration law firm like Ellis for tailored legal guidance at every step.

The H-1B Process: A Step-by-Step Guide

With many moving parts and tight registration and application windows, it’s easy to be confused by the H-1B process. Here’s a quick guide to help employers sponsor their employees for an H-1B visa.

Step 1: Register for the Electronic Lottery

When the registration period opens (usually in March), employers should register each candidate they want to sponsor through the H-1B Registration process. The registration only involves paying a $215 fee and submitting forms of the employee’s identification, like their passport.

For fiscal year 2026, the registration period opened on March 7th, 2025, and closed on March 24th, 2025.

Step 2: File the Labor Condition Application (LCA)

For candidates selected via the lottery system, employers must file their LCA with the DOL. The DOL takes seven working days to review LCAs.

Step 3: Submit the H-1B Petition (Form I-129)

Once an employer receives certified LCAs, they can submit an I-129 form (Petition for a Nonimmigrant Worker) to USCIS. The petition should include the LCA, the employee’s credentials, the job description, and the payment for all related filing fees.

Step 4: Complete Visa Stamping and Initiate Employment

If an employee is already in the U.S., USCIS will process their change of status after they receive the approved I-129. Once approved, they can begin to work on the authorized start date.

Visa Stamping Process (For Overseas Candidates)

An employee outside the U.S. must:

1. Submit a DS-160 form via the Consular Electronic Application Center.
2. Pay the required application fee.
3. Schedule and attend their nonimmigrant interview at a local consulate or U.S. embassy.

For the interview, applicants should bring the following documents:

• A valid passport (validity at least six months beyond your planned entry date to the U.S.) 
• Form DS-160 confirmation page
• Copies of your approved I-129 petition and I-797 approval notice 
• Fee payment receipts
• 2 Passport-sized photos meeting U.S. Department of State requirements

How Much Does an H-1B Visa Cost?

When applying for an H-1B visa, employers need to account for all potential costs. Here’s a breakdown of the key costs you should expect.

Streamline the H-1B Process With Ellis

Mistakes in H-1B applications can cause compliance risks and major delays in processing. Ellis streamlines the H-1B process, guiding you through every step to avoid costly setbacks and maximize your chances of a successful petition. 

Partner with Ellis to support your candidates and secure top international talent without disruptions. Get in touch with Ellis today.