Adapting Hiring Strategies in Light of H-1B Rule Updates

Today, we’re tackling an especially important topic for employers looking to sponsor foreign talent—the updates to the H-1B Cap Registration process and rules for 2025.  

 From changes in fees to new rules defining what qualifies as a specialty occupation, these updates could significantly impact how businesses hire international talent.   

Read the full article
H-1B Cap Registration to Open on March 7, 2025

About the authors
Lynn O’Brien

Transcript

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Welcome to Womble Perspectives. Today, we’re tackling an especially important topic for employers looking to sponsor foreign talent—the updates to the H-1B Cap Registration process and rules for 2025.  

From changes in fees to new rules defining what qualifies as a specialty occupation, these updates could significantly impact how businesses hire international talent.   

Let's start by breaking down the H-1B Cap timeline for 2025.  

The H-1B Cap Registration window for 2025 is live for a short period this year. It opens on March 7, 2025, at 12:00 PM EST and closes on March 24, 2025, at 12:00 PM EST.  

That’s just over two weeks—a small window of opportunity for employers to register foreign workers they want to sponsor under the H-1B Cap.  

Here’s what you need to know about the process:

First, registration is done electronically on the USCIS online portal.  

And second, past years have seen technical glitches and outages, so make sure to start early.

So let’s dig into the key updates.  

This year, the rules for H-1B petitions are stricter than before, and there are two changes employers need to pay close attention to.  

One: increased registration fee. This year, those fees have jumped from $10 to $215 per applicant. While this is manageable for large enterprises, smaller businesses should budget for it carefully.  

And two: revised Specialty Occupation Criteria. Here’s where things get tricky. The new regulations now require a U.S. bachelor’s or higher degree in a directly related specific specialty—or its equivalent.  

Previously, the qualification for a specialty occupation was more flexible, allowing broader interpretations of what a related degree might look like. Now, roles that once accepted degrees from a variety of fields may no longer qualify. For example: a marketing specialist position may no longer qualify if it accepts degrees in subjects other than marketing or closely related fields. Similarly, if a candidate has a degree in an unrelated field, their petition may face significant scrutiny.  

What’s the implication? The likelihood of receiving Requests for Evidence (RFEs) may increase under these circumstances. Avoiding this requires thorough preparation and careful matching of job requirements with candidate qualifications.  

Now that we’ve covered these critical changes, here’s what employers can do to adapt.  

Employers should identify H-1B candidates as early as possible. This includes reviewing their educational credentials to ensure they align perfectly with the updated specialty occupation criteria.  

Also, ensure the job descriptions reflect the updated requirements. If there’s any ambiguity, consult with immigration professionals to avoid RFEs.  

An experienced practitioner will help you assess potential risks with specific roles or candidates. Their expertise can save you time and resources during both the registration and petitioning processes.  

While it’s essential to achieve compliance, don’t miss out on leveraging the H-1B process to build a robust talent strategy. Stay updated on trends and regulatory norms to gain a competitive edge.  

Adapting to these H-1B updates might seem like navigating new terrain, but proper planning goes a long way. By starting early and staying informed, you can make the most of the 2025 H-1B Cap Registration process.

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