The H-1B Visa Program
The H-1B visa program remains a critical pathway for U.S. employers to hire international talent in specialty occupations. As the 2025 H-1B cap season approaches, it is imperative for employers to begin preparing and planning their strategy for petitioning. With significant expertise and years of successful filings, Litwin & Smith is poised to assist businesses in navigating the complexities of the H-1B visa process.
Understanding the H-1B Visa
The H-1B visa is designated for individuals in specialty occupations that require a body of specialized knowledge along with at least a bachelor’s degree or its equivalent. This visa category has become a cornerstone for companies, especially in the technology, engineering, and science sectors, to fill gaps in the domestic workforce with qualified foreign professionals.
FY2025 H-1B Visa Season: The Forecast
Every year, the H-1B visa cap season presents a limited window for employers to submit petitions for new H-1B workers. The United States Citizenship and Immigration Services (USCIS) imposes a cap of 65,000 visas for the general category and an additional 20,000 for individuals with advanced degrees from U.S. institutions. It’s crucial to note that certain individuals and institutions are exempt from this cap, ensuring that higher education, non-profit, and governmental research organizations can hire without these numerical limitations.
Identifying Candidates for H-1B Petitions
Employers should proactively identify potential candidates who could benefit from H-1B status. This group includes recent graduates on F-1 Optional Practical Training, professionals abroad, nonimmigrants nearing the limits of their current statuses, H-4 EAD workers seeking independence, individuals changing employers, and those on TN, E, or H-1B1 status contemplating permanent residency.
Registration and Selection Process for H-1B Petitions
Introduced in 2020, the electronic preregistration system for H-1B cap-subject petitions has streamlined the initial selection process. Employers must provide basic information about their organization and the candidate during the registration period, which typically commences in early March. Following the close of registration, a random selection is conducted to determine which employers may proceed with filing full H-1B petitions.
Anticipated Changes in the H-1B Selection Process
The Department of Homeland Security (DHS) has proposed a “beneficiary-centric selection” process, designed to reduce multiple entries and promote a fairer chance of selection by treating each beneficiary uniquely, regardless of the number of registrations filed on their behalf. This change aims to curtail potential fraud and abuse in the registration process.
Filing H-1B Cap-Subject Petitions
Only those with selected registrations during the lottery can file H-1B petitions, typically within a 90-day window starting around April 1. If the cap is not met initially, USCIS may conduct a second selection from the pool of unselected registrations.
Preparing for the H-1B Cap Season
It is essential for employers to assess their needs and begin gathering data early to ensure a smooth registration process. Litwin & Smith can provide strategic planning and thorough preparation for employers to maximize their chances of successful petition submissions.
Litwin & Smith: Your Guide Through the H-1B Visa Journey
As a leading law firm in H-1B and immigration services, Litwin & Smith brings a wealth of knowledge and an exemplary track record to the table. We offer comprehensive guidance through the four-step H-1B petition process, including Labor Condition Application (LCA) preparation, petition drafting, submission, and adjudication.
Our firm ensures that all petitions meet the stringent requirements for specialty occupations and that all employee qualifications are meticulously verified. We also assist employers in complying with the prevailing wage requirements and navigating the intricacies of the labor condition application.
Employer’s Responsibilities and Costs
Employers are responsible for adhering to wage standards and are prohibited from passing certain H-1B related fees onto employees. Litwin & Smith offers a detailed breakdown of all expected fees and costs associated with the H-1B petitioning process, providing transparency and aiding employers in financial planning.
Staying Informed Throughout the 2025 H-1B Lottery
Employers must stay alert for any regulatory changes affecting the H-1B program. Litwin & Smith is committed to keeping clients informed about the latest developments and providing expert advice on how to adapt to the evolving immigration landscape.
The 2025 H-1B Cap Season
is on the horizon, and with it comes the opportunity for U.S. employers to secure top international talent. Litwin & Smith stands as a pivotal ally for businesses seeking to navigate the H-1B visa process successfully. With our extensive experience and dedication to excellence, we are equipped to lead employers through the complexities of immigration law and ensure the best possible outcomes for their H-1B needs.
For more information or to begin the process, reach out to us today. Time is of the essence when it comes to the H-1B visa process. Let us help you prepare for a successful H-1B cap season.
Early Preparation and Discounts for Proactive Employers
The H-1B cap season is a pivotal time for employers to consider their workforce needs, including contractors and employees outside the U.S., student employees on OPT (Optional Practical Training) and CPT (Curricular Practical Training), and L-1 visa holders from countries like India and China. In 2020, USCIS mandated an electronic registration system for employers to register each H-1B candidate with a nonrefundable fee. Due to the oversubscription of available slots, a lottery system is employed to randomly select candidates for the limited 85,000 H-1B petitions.
Litwin & Smith, with its remarkable track record of successful H-1B cap registrations, encourages employers to be proactive and take advantage of an exclusive early-bird offer. For those who act now, Litwin & Smith provides a discounted employer registration rate of $30. This offer is designed to streamline the process for employers, ensuring their accounts are fully prepared and ready to file when the H-1B lottery opens in March 2024. By establishing their accounts early, employers can enter the selection process with confidence, supported by the extensive experience and expertise of Litwin & Smith. Don’t miss this opportunity to secure your place in the H-1B cap season – contact Litwin & Smith today to benefit from early preparation and discounted rates.
For more information, download our FREE guide for employers: The Employers Guide to the H-1B Process. Or, visit USCIS.GOV.
