USCIS Reaches Fiscal Year 2025 H-1B Cap: What It Means for Employers and Workers

As of December 2, 2024, the U.S. Citizenship and Immigration Services (USCIS) has officially reached the congressionally mandated cap for the H-1B visa program for FY2025. This includes the standard cap of 65,000 H-1B visas and the additional 20,000 visas reserved for individuals holding advanced degrees from U.S. institutions, commonly referred to as the master’s cap.

For those who submitted petitions but were not selected, USCIS will be sending non-selection notices through online accounts in the coming days.

H-1B’s Exempt from the Numerical Cap

Please be aware, however, USCIS will continue to accept and process petitions that are exempt from the cap. This includes:

Petitions to extend the duration of stay for current H-1B workers
Petitions to change the terms of employment for existing H-1B workers
Petitions allowing current H-1B workers to change employers
Petitions enabling current H-1B workers to work concurrently in additional H-1B positions
Petitions for employment by certain Universities and Non-Profit Research Organizations

Alternatives to the H-1B Visa

For employers and foreign workers who are unable to secure an H-1B visa, there are alternative visa options to consider. These include the E, L, O and TN visa categories:

E Visas: These are for treaty traders and investors from countries that have a trade treaty with the U.S. and can be a great option for business owners and entrepreneurs.
L Visas: These are for intra-company transferees from multinational companies. If a company has operations in both the U.S. and abroad, they can transfer employees from foreign offices to the U.S. under this visa category.
O Visas: These are for individuals with extraordinary ability or achievement in their field, including arts, sciences, education, business, or athletics. This visa is ideal for those who can demonstrate a high level of expertise and recognition in their profession.

TN Visas: Under the United States-Mexico-Canada Agreement, TN visas allow qualified Canadian and Mexican citizens to work in the U.S. in certain professional occupations. This visa is a streamlined option for eligible professionals, making it an ideal for employers in sectors such as technology, healthcare, and engineering.

Looking Ahead: FY 2026

As we look to the future, it’s important to note that FY2026 is expected to begin in March 2025, barring any changes from the new administration. The H-1B program remains a vital resource for U.S. businesses seeking to employ foreign talent in specialty occupations. While the current cap has been reached for FY2025, there are still avenues available for employers and workers alike.

For further information on alternative options to the H-1B visa, please see the following article by our colleagues, Yova Borovska and Nyasha Pendleton: Not Selected in the H-1B Lottery? Explore Some Alternatives to the H-1B Visa for Employment in the U.S.

Should you have questions about the H-1B Cap and alternative options, please feel free to reach out to our immigration team.