H-1B visa cap for FY2025 reached; exempt petitions still open: What employers, workers need to know

US Citizenship and Immigration Services (USCIS) recently announced that it has received enough petitions to meet the fiscal year 2025 H-1B visa cap. The agency reached the congressionally mandated limit of 65,000 regular H-1B visas and the additional 20,000 visas reserved for individuals with advanced US degrees, known as the master’s cap.

Non-selection notices will be sent to registrants through their online accounts in the coming days.

Petitions not selected for the FY 2025 numerical allocations will display a status of "Not Selected," indicating they are ineligible to file an H-1B cap petition based on the registration.

Which petitions are exempt from H-1B cap?

Despite the cap being reached, USCIS will continue to process petitions exempt from the limit, including those for current H-1B workers previously counted against the cap.

Such exempted petitions include requests to extend the duration of stay, modify the terms of employment, change employers, or add concurrent positions for current H-1B workers.

The H-1B program allows US employers to temporarily hire foreign workers in speciality occupations requiring theoretical and practical knowledge in specialised fields.

While the filing deadline for H-1B cap-subject petitions based on valid registration selection was June 30, 2024, it had adjusted its policy to accommodate late submissions due to the date falling on a Sunday.

The annual numerical limit for H-1B visas includes 65,000 new visas and an exemption for 20,000 petitions filed on behalf of individuals with advanced degrees from US institutions. Employers rely on the program to fill positions requiring specialized expertise, particularly in fields critical to the nation’s economy, including technology, healthcare, and research.

Renewed fears of visa restrictions

The return of Donald Trump to the White House has sparked fears of a fresh wave of visa restrictions, impacting Indian workers who heavily rely on H-1B program.

In a 2016 primary debate, Trump spoke about the H-1B visa program and said it was “very bad” and “unfair” for US workers.

“First of all, I think and I know the H-1B very well. And it’s something that I frankly use and I shouldn’t be allowed to use it. We shouldn’t have it,” he said. “Second of all, I think it’s very important to say, well, I’m a businessman and I have to do what I have to do.”

What followed was 'Buy American and Hire American' executive order, which sought suggestions from Cabinet members to reform H-1B visa policy to protect American workers.