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Every step you take: Navigating H-1B visa lottery and increased ICE enforcement

April 2025 employment law letter
Authors: 

Kate N. Dodoo, McAfee & Taft

Employers nationwide have spent considerable time and effort preparing for one of the most competitive H-1B visa seasons yet. From 12 p.m. Eastern Time (ET) on March 7 to 12 p.m. ET on March 27, employers were able to 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 a U.S. institution—the competition is intense.

Last year saw 479,953 registrations—far exceeding the cap. Despite this, the 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

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