Publication
Employers, Get Ready: H-1B Season is Almost Here
Employers considering sponsoring foreign nationals for the H-1B should start preparing now ahead of the March 2025 registration period. Importantly, there have been several changes which will affect employers and foreign nationals looking to work in the U.S. in H-1B status. This includes:
- Registration fee increase from $10 to $215 per beneficiary.
Employers seeking to file H-1B cap petitions must first electronically register with USCIS during a designated registration period. This year, the nonrefundable H-1B registration fee has increased to $215 per beneficiary. - Updated definition of “specialty occupation.”
To be considered a specialty occupation, the employer must require a bachelor’s degree or equivalent as a minimum for entry into the occupation. USCIS has clarified that the degree must be “directly related” to the position, which means there must be a logical connection between the required degree, or its equivalent, and the duties of the position. USCIS will not consider a position to be a specialty occupation if attaining a general degree is sufficient to qualify for the position. - New Form I-129.
Effective January 17, 2025, the new version of the Form I-129 must be used.
The H-1B registration period is only open for two weeks. We are still waiting on the exact dates from USCIS for this fiscal year’s lottery.
Accordingly, employers contemplating H-1B sponsorship should consider preparing now so that they are well placed ahead of the lottery.
About Snell & Wilmer
Founded in 1938, Snell & Wilmer is a full-service business law firm with more than 500 attorneys practicing in 16 locations throughout the United States and in Mexico, including Los Angeles, Orange County and San Diego, California; Phoenix and Tucson, Arizona; Denver, Colorado; Washington, D.C.; Boise, Idaho; Las Vegas and Reno, Nevada; Albuquerque, New Mexico; Portland, Oregon; Dallas, Texas; Salt Lake City, Utah; Seattle, Washington; and Los Cabos, Mexico. The firm represents clients ranging from large, publicly traded corporations to small businesses, individuals and entrepreneurs. For more information, visit swlaw.com.