Articles Discussing Employment-Related Visas.

The U.S. State Department’s “Catch and Revoke” program uses artificial intelligence (AI) to monitor foreign nationals, particularly student visa holders.

Takeaways The new DHS rule extends the H-1B Cap Gap period from 10.1 to 04.1. F-1 students with pending or approved H-1B petitions benefit from this

The 2025 H-1B visa lottery registration period starts today, March 7, 2025, at 12pm EST and runs until 12pm EST on March 24.

By: The H-1B Lottery in Times of Change

In their few weeks in power, the incoming administration made many changes to immigration policy. One thing that has not changed is the H-1B lottery. On Wednesday, USCIS announced the dates for submission and processing for the Fiscal Year 2026 H-1B lottery entries. Employers use H-1B visas to employ foreign nationals in “specialty occupations” or positions that require a bachelor’s degree in a particular field. A typical user of the H-1 visa is an employer who wishes to retain the services of a foreign student employed using an F-1 Optional Practical Training Employment Authorization Document. However, given the new administration’s rapid changes to immigration policy, employers should consider this visa for a wider set of foreign national employees.

H-1B visas are very popular. Federal law limits the number of new H-1B visas to 85,000 per year. Every year, USCIS received hundreds of thousands of requests for H-1B visas. Because demand for H-1 visas far outstrips supply, USCIS distributes the opportunity to apply for these visas using a lottery via its online filing portal. Employers wishing to participate in the lottery must have an organizational account, and supply USCIS with a modicum of information regarding the proposed employee. This information includes name, date and place of birth, gender, passport information, and educational attainment. Additionally, employers must pay a $215.00 filing fee for every employee they wish to submit. If selected, employers may then submit an H-1B petition on behalf of their employee.

USCIS begins accepting entries into the FY 2026 lottery on Friday, March 7, 2025 and stops accepting entries on Monday, March 24, 2025. A few days after the submission period closes, USCIS will select and inform the selected employers via the USCIS filing portal. Employers will then have until June 30, 2025 to submit an I-129 Petition for Nonimmigrant Worker requesting H-1B visa status for the selected employee. If approved, the employee will then receive H-1B status or an H-1B visa on October 1, 2025.

The big change to the lottery this year is the filing fee. In years past, the lottery entry fee was $10.00. This year, it’s $215.00. It’s unclear how this filing fee change will affect demand. In years past, since the barrier to entry to the H-1B lottery was so low, individuals would use multiple shill employers to enter the lottery. The fee increase will likely curtail this behavior. Also, given the steep increase in the filing fees, employers would be well served to consult with an immigration attorney. Since selection in the lottery only grants an employer the right to file a petition for an H-1 visa and not the visa, employers should seek counsel on the approvability of their employee and job before entering the lottery.

Finally, the H-1 lottery may be an opportunity to retain employees who are affected by the new administration’s policy changes. Employers may want to consider the H-1B visa for employees that they presently employ using TPS, one of the prior administration’s parole programs, or DACA. On February 1st the new administration stripped Venezuelans of Temporary Protected Status and the legal right to work. Additional restrictions on the legal right to work are expected including recission of the Deferred Action for Childhood Arrivals regulations. Employers employing such individuals may be able to use the H-1B visa as a means to retain these employees. Moving an employee from one of these status to H-1B is not appropriate for all people, and even among the qualified, is not without risk. Consult with immigration counsel before choosing this course of action, and may the odds be ever in your favor.