Preparing for H-1B Season in a Challenging Environment

Nicole S. Schram 02.11.25

H‑1B season is fast approaching, and the new Trump administration has clearly expressed that it will make immigration–even legal employment immigration–more difficult. Employers looking to hire or retain specialized foreign workers should be prepared to overcome some new challenges, and begin planning now for the March H‑1B lottery.

The H‑1B visa allows highly educated foreign nationals to work in specialty occupations in the United States for an initial period of three years, with potential for a subsequent three-year renewal. In recent years, the US Citizenship and Immigration Service (USCIS) has received as many as 758,000 H‑1B registrations to fill a 85,000-visa cap. Due to this disparity between interest and the number of available H‑1B visas, USCIS runs a lottery to select the lucky employer/​employee pairs eligible to submit an H‑1B petition.

The Multi-Step H‑1B Application Process

Step One – Lottery Registration

First, employers register potential hires or foreign employees during the H‑1B registration period. The lottery registration system requires employers or their attorneys to submit H‑1B registrations for the coming year though an online account. Lottery registration requires only basic information about the employer and the employee, and the government fee is $215. For FY2026, the registration period will run from March 7, 2025 to March 24, 2025. Fortunately, USCIS has implemented some changes to reduce the number of fraudulent registrations, which increased the odds of selection last year to approximately 1 in 5 for workers with a Bachelor’s degree, and 1 in 4 for workers with a U.S. Master’s degree or higher. 

Step Two –Lottery Selection

After the close of the registration period, USCIS randomly selects the approximately 85,000 registrants who will be allowed to file H‑1B petitions. In past years, the H‑1B lottery winners were notified electronically by April 1^st. Those who are not selected in the March lottery remain eligible for a possible second lottery. If USCIS determines in late summer that the H‑1B cap was not met, it may select additional registrants from the original March lottery submission.

Step Three –Petition Filing

Lottery winners must submit an H‑1B petition to USCIS within the filing window indicated on the lottery registration selection notice. The petition itself requires greater preparation and documentation than registration, and its filing fees are higher. If the H‑1B petition is approved, the employee may begin working in H‑1B status as early as the first day of Fiscal Year 2026, October 1^st, 2025. Certain employees currently working in Optional Practical Training (OPT) may rely on ​“cap gap” protection to continue working between the expiration of their OPT and October 1. 

What’s New?

The Trump administration has suggested multiple revisions to H‑1B qualification requirements and procedures. Some may be enacted this year, many will not. However, it is guaranteed that H‑1B petitions filed during this Trump presidency will be carefully scrutinized, and there will be very little room for error. The Boardman Clark immigration attorneys will continue to monitor new legal developments and will remain well-informed on all the best practices for H‑1B filings. 

How Should Employers Prepare for H‑1B Season?

1. Identify Candidates for H‑1B Lottery Registration. Employers may register current employees and potential candidates for future employment. There is no obligation to file a full H‑1B petition for any foreign worker, even if their registration is selected. 
   1. Vulnerable populations currently protected by humanitarian programs (DACA, TPS, DED) may soon lose their protected status and employment authorization. The Trump administration has already revoked TPS for Venezuela and has threatened to end DACA. An employer-sponsored H‑1B visa may be a lifeline to secure visa status for a vulnerable worker and their family. 
   2. International graduates working on OPT should be registered in the H‑1B lottery every year due to the low odds of lottery selection. Do not wait until the last year of OPT work authorization. 
   3. Individuals working in other temporary visa status (TN, E‑3, L‑1, O‑1, J‑1) may benefit by changing to H‑1B status. H‑1B visa holders are permitted to have​“dual intent” to pursue permanent residence, and they may be eligible to extend their H‑1B status beyond six years, until their green cards are approved. 
2. Contact the Boardman immigration team at dreyes@​boardmanclark.​com. We will provide easy step-by-step instructions, evaluate the candidate’s eligibility for H‑1B status, and guide you through the lottery registration process for a low flat fee. 
3. With some lottery luck, we can assist you in securing long-term H‑1B status for your current or future employee. 

Immigration laws and procedures are constantly shifting, but changes implemented by the Trump administration will make employment visa sponsorship more challenging than ever. The immigration attorneys at Boardman Clark are committed to staying current in a rapidly-changing environment, and they are eager to meet the challenge.