H-1B registration season is upon us again. While those employers who traditionally sponsor employees for H-1B status are receiving requests, employers who have never sponsored H-1Bs — or even any status — may also notice an uptick in the requests for sponsorship by employees. This is due to recent immigration changes announced by President Trump’s administration.

The Basics of H-1B

H-1B is a work status available to those individuals in a specialty occupation. A specialty occupation is a position that requires a bachelor’s degree or higher in a directly related specific specialty or its equivalent. “Directly related” means there is a logical connection between the required degree and the duties of the position. Examples of positions that typically qualify include but are not limited to physicians, engineers, teachers, and statistical analysts.

The number of H-1Bs granted each year is limited, and the demand almost always exceeds the number available in a given year; this results in the need for a lottery. This year, the H-1B lottery registration period will open on March 7 at noon Eastern and close on March 24 at noon Eastern. The anticipated filing window for the H-1B petitions for those selected will be April 1–June 30. The filing fee for registration has significantly increased this year to $215 per entry.

A Change in How Registration is Conducted Reduces Fraud

In FY2025 (registration/lottery conducted in March of 2024), U.S. Citizenship and Immigration Services (USCIS) implemented a new process for the lottery selection to ensure each individual would only have one chance of being selected. This process addressed the high concern of fraud in FY2024 as USCIS believed individuals were having multiple employers submit registrations for them in order to artificially boost their chances of being selected for an H-1B. The new system was beneficiary-centric, tying the registration entry to the unique beneficiary through their passport information. The results were telling in that the number of beneficiaries who were registered in FY2025 was similar to the number in FY2024, but the number of overall registrations decreased by over 30 percent. This beneficiary-centric registration will continue for the FY2026 registration next month.

Employers Face Increased Requests for H-1B Sponsorship

Historically, the majority of individuals sponsored by employers for an H-1B came from several different categories. Those might have included:

• International students working pursuant to Curricular Practical Training (CPT) and Optional Practical Training (OPT);
• New hires currently located outside of the U.S.;
• Individuals whose current work authorization is due to their dependent status (H-4 EAD, L-2, etc.);
• Employees in L-1 status in need of H-1B for extensions beyond their visa maximum.

Given that President Trump’s administration recently vacated Temporary Protected Status for Venezuelans and has indicated it will reassess and slash other parole programs, many of these individuals are now asking their employers to sponsor them for H-1B work authorization. The analysis as to whether these individuals will qualify for H-1B or are able to obtain H-1B can be complex.

Employers with individuals who may need H-1B sponsorship should reach out to their Taft Immigration attorney as soon as possible to discuss registration. Taft is also here to discuss the H-1B process with employers who are considering sponsoring an individual for H-1B for the first time.