US reaches H-1B visa Cap for FY 2025; If you're an applicant, look out for these next steps
USCIS has met the annual cap of 65,000 H-1B visas, along with the additional 20,000 for advanced degree holders, for fiscal year 2025. The agency will issue non-selection notices and continue processing cap-exempt petitions, including extensions a...
By ET Online | Updated:
TIMESOFINDIA.COM
The United States Citizenship and Immigration Services (USCIS) has announced that it has reached the congressionally mandated limit for H-1B visa petitions for the fiscal year 2025. This includes both the 65,000 visas under the regular cap and the additional 20,000 reserved for applicants with U.S. advanced degrees, known as the master’s cap.
"We will continue to accept and process petitions filed to extend the amount of time a current H-1B worker may remain in the United States; change the terms of employment for current H-1B workers; allow current H-1B workers to change employers; and allow current H-1B workers to work concurrently in additional H-1B positions," the USCIS emphasised.
Non-Selection Notifications Underway
USCIS will notify applicants who were not selected through their online accounts over the coming days. Non-selected registrations will reflect the status: "Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration."
Cap-Exempt petitions still accepted While the numerical caps have been met, USCIS will continue to accept and process certain petitions exempt from the cap. These include petitions to:
Extend the duration of stay for current H-1B holders.
Modify terms of employment for current H-1B workers.
Facilitate employer changes or concurrent employment for H-1B holders.
Decline in H-1B sponsorships
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The H-1B visa program allows US businesses to hire foreign workers in specialty occupations requiring advanced knowledge and skills.
An analysis of 2024 data from the United States Citizenship and Immigration Services (USCIS) reveals a notable decline in H-1B visa sponsorships among leading U.S. companies. Despite Indian nationals continuing to dominate the H-1B visa pool, major firms, particularly in the tech sector, have significantly reduced their approvals, signaling a shift in talent acquisition strategies.
Amazon remains the largest H-1B sponsor but experienced a sharp decline, with approvals falling from over 11,000 in 2023 to just above 9,000 in 2024. Similarly, Indian IT giants like Infosys and TCS reported significant reductions, reflecting a broader trend of tightening visa allocations.
H-1B visa application process: A step by step guide
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To get an H-1B visa, you need a company to sponsor you. If you're already in the US on a student visa, ask your employer if they can sponsor your H-1B. Otherwise, consult an immigration lawyer about your options.
Your sponsor can be your current or a new employer, as long as they're willing to support your application.
To get an H-1B visa, you need a company to sponsor you. If you're already in the US on a student visa, ask your employer if they can sponsor your H-1B. Otherwise, consult an immigration lawyer about ..
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Every company who want to hire a foreign worker on an H-1B visa needs to first complete and submit a Labor Condition Application (LCA) to the US Department of Labor (DOL). This document is crucial and serves as a guarantee that the company will follow specific rules, such as paying the prevailing wage and not negatively impacting US worker opportunities.
However, before getting the LCA approved by the DOL, the company must go through certain mandatory steps. These steps involve providing details about the job, ensuring proper wage standards are met, and meeting legal requirements to protect the rights of both the foreign worker and US workforce.
Every company who want to hire a foreign worker on an H-1B visa needs to first complete and submit a Labor Condition Application (LCA) to the US Department of Labor (DOL). This document is crucial an..
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To ensure H-1B visa workers aren't paid less than others doing similar jobs in the same area, the prevailing wage is used as a benchmark. This wage is confirmed by the state employment agency and should be met by the employer. If not, a wage determination is required.
There are three ways to find the prevailing wage: 1. National Prevailing Wage and Center (NPWC): This is the most reliable and recommended option - it offers "safe harbor status," meaning employers using the NPWC wage are less likely to face legal challenges related to underpaying workers.
2. Independent survey: An independent and credible source can conduct a wage survey to determine the prevailing wage.
3. Other legitimate sources: While possible, using other sources (besides the NPWC) is generally not advised due to potential legal risks.
To ensure H-1B visa workers aren't paid less than others doing similar jobs in the same area, the prevailing wage is used as a benchmark. This wage is confirmed by the state employment agency and sho..
Read More
Once the employer acquires the current prevailing wage, the next step involves submitting the Labor Condition Application (LCA) through the completion of Form ETA 9035, which is filed with the Department of Labor (DOL). This application must be electronically submitted using the Foreign Labor Application Gateway (FLAG) system.
The submission should not exceed a six-month timeframe from the commencement date of the employment period.
In cases where employers face physical disabilities or lack internet accessibility, an alternative option is available. They may seek permission from the Office of Foreign Labor Certification (OFLC) for special consideration to submit their ETA 9035 application by mail.
Once the employer acquires the current prevailing wage, the next step involves submitting the Labor Condition Application (LCA) through the completion of Form ETA 9035, which is filed with the Depart..
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After concluding the Labor Condition Application (LCA) process, the employer can move forward with the submission of the H-1B petition by completing Form I-129, officially known as the Petition for Nonimmigrant Worker. It is crucial for the employer to attach an employment letter containing precise details such as the position's duties, employment dates, comprehensive job description, offered salary, position requirements, and contact information.
Supporting documents for the foreign employee, including academic qualifications, training certificates, membership records, resume, and a letter of support, should be included.
The final stage in the H-1B visa application process involves monitoring the petition's status. This can be done by entering the receipt number into the USCIS website. As soon as USCIS processes and records your application, they will update the status on their system.
After concluding the Labor Condition Application (LCA) process, the employer can move forward with the submission of the H-1B petition by completing Form I-129, officially known as the Petition for N..
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After your I-129 is approved, you will receive Form I-797 Notice of Action and you are one step closer to completing the process. Based on weather you're in the Us or not at the time, your next steps will change.
After your I-129 is approved, you will receive Form I-797 Notice of Action and you are one step closer to completing the process. Based on weather you're in the Us or not at the time, your next steps..
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If you are currently in the United States, your immigration status will automatically shift to H-1B, and the USCIS will update your I-94 record to reflect this change. It's essential to refrain from engaging in any employment activities until your status has officially transitioned.
To obtain an H-1B visa stamp, the process involves submitting DS-160 and scheduling a visa stamping appointment within 90 days before your intended start of work in the US This option is applicable to individuals already holding a valid nonimmigrant status, such as O-1, J-1, or L-1 status.
Alternatively, if you are currently residing in the US, you can opt for consular processing. This route requires traveling back to your home country to get the visa stamped at the US embassy or consulate there. It's important to note that consular processing entails additional applications and documentation. Additionally, there is a chance of administrative processing, which may potentially cause delays in your employment commencement.
If you are currently in the United States, your immigration status will automatically shift to H-1B, and the USCIS will update your I-94 record to reflect this change. It's essential to refrain from ..
Read More
Applicants who submitted their application outside of the United States, will not only have to complete the DS-160 form but also schedule and attend an interview at a US embassy or consulate. Following the approval of the I-129 form, the next step is to submit a nonimmigrant visa application at a US embassy or consulate in one's home country.
This process requires specific documentation and a face-to-face interview at the embassy or consulate. Upon successful visa issuance post-interview, the individual becomes eligible to travel to the United States.
The granted visa serves as a valid travel document to enter the United States. However, approval to enter the country is still required upon reaching a port of entry. Additionally, each visa comes with an expiration date, necessitating entry into the US before this expiration. Upon arrival at the airport or border, permission from the US Customs and Border Protection (CBP) is required for admission to the United States as an H-1B visa holder.
Applicants who submitted their application outside of the United States, will not only have to complete the DS-160 form but also schedule and attend an interview at a US embassy or consulate. Followi..
