Employers nationwide are preparing for one of the most competitive H-1B visa seasons yet. From noon EST on March 7 to noon EST on March 24, 2025 employers can submit registrations on behalf of beneficiaries for whom they wish to file H-1B petitions. Beneficiaries selected in this year’s lottery with an approved petition can begin working as early as October 1, 2025. However, significant shifts in the immigration landscape are reshaping every step employers take to secure these coveted visas while bracing for the compliance challenges that lie ahead.
Every chance you take
The demand for H-1B visas remains exceptionally high, underscoring the crucial role foreign professionals play in driving U.S. innovation and growth. With an annual cap of 85,000 visas—65,000 for bachelor’s degree holders and 20,000 for those with a master’s from U.S. institutions—the competition is intense. Last year saw 479,953 registrations, far exceeding the cap. Despite this, U.S. Citizenship and Immigration Services (USCIS) selected significantly more registrations than available visas, emphasizing the element of chance in the selection and approval processes.
Every claim you make
During its second term, the Trump administration has prioritized enforcement and compliance more than ever before. Employers must prepare for increased scrutiny from registration through petition adjudication and beyond. For instance, they must:
- Pay the increased registration fee of $215 per beneficiary.
- Prove the employer has a “bona fide position in a specialty occupation” for the beneficiary as of the requested start date. This change is aimed at preventing an employer from submitting petitions based on a claim of an available job when, in fact, the job is unavailable at the time the petition is filed.
- Prove the “bona fide position” meets the new regulatory criteria of “specialty occupation.”
- Be legally present in the United States, accept service of process, and otherwise be amenable to suit.
- Participate and cooperate in USCIS site visits or risk USCIS revoking a previously approved petition or denying a pending petition for an employer’s noncompliance.
These changes require strategic business planning.
Every step you take, every claim you make … it’s ALL under review
Regardless of whether an employer sponsors employees, businesses across all industries must brace for increased worksite enforcement, including audits and potential Immigration and Customs Enforcement (ICE). Industries heavily reliant on foreign workers, such as technology, engineering, hospitality, and healthcare, must navigate this climate with foresight. Key actions include:
- Reviewing Form I-9s and related documentation to catch and correct errors.
- Updating internal policies to ensure continuity in the employment verification process.
- Training staff responsible for employment verification.
- Ensuring public access files for sponsored employees are complete.
- Training staff on what to do during ICE raids and site visits and responding to administrative warrants, subpoenas, and judicial warrants from government officials.
Furthermore, Oklahoma’s recent implementation of Operation Guardian, a joint initiative with the U.S. Department of Homeland Security, adds another layer of enforcement at the local level. This program empowers state law enforcement to enforce federal immigration laws, significantly impacting compliance for businesses in Oklahoma. Employers are advised to adjust their strategies to prepare for this increased scrutiny at the state and federal levels.
Bottom line
In this complex environment, every step an employer takes is key. With federal and state law enforcement closely monitoring compliance, preparation and a robust compliance framework are essential. Employers should actively engage with legal counsel to ensure adherence to immigration regulations and mitigate risks. By staying informed and prepared, businesses can navigate increased enforcement measures effectively, mitigate risks, and continue benefiting from a diverse workforce.
