When H1B Filing Starts 2025? (Timeline & Key Dates)

When the H-1B Registration Window Opens

USCIS runs the H-1B cap process annually through a registration system. As of 2026, the registration window opens in early March each year — typically the first or second week — for cap-subject petitions seeking an October 1 start date. Employers submit electronic registrations during a period that lasts approximately 14-21 days. USCIS announces the exact dates each year via official notice on uscis.gov, usually in January or February.

The 2025 fiscal year cycle (for October 1, 2024 employment start dates) followed this pattern, with registration opening in early March 2024. The 2026 cycle registration occurred in March 2025 for October 1, 2025 start dates. Employers planning for fiscal year 2027 (October 1, 2026 start date) should expect registration to open in March 2026, but must confirm the window on the USCIS website once the official notice publishes.

After registration closes, USCIS conducts a lottery to select which registrations move forward to petition filing. Only employers whose registrations are selected in the lottery may file the actual Form I-129 petition. This is the critical distinction: registration is not filing. Filing happens only if selected, and only during the window USCIS assigns.

The Two-Phase Timeline Employers Must Track

The registration fee is paid per registration, not per petition. If an employer registers ten beneficiaries, the registration cost is $100. Only those selected move to the petition stage, where the full I-129 filing fee applies — confirm the current fee on the USCIS fee schedule at uscis.gov/forms before filing, as fees change periodically through fee rules published in the Federal Register.

What "Cap-Subject" Means and Who It Applies To

The H-1B visa category has an annual numerical limit — the cap — set by Congress at 65,000 visas, plus an additional 20,000 for beneficiaries holding a U.S. master's degree or higher. Petitions counting against this cap are called cap-subject and must go through the registration lottery.

Cap-exempt H-1B petitions may be filed at any time of year without registration. Cap-exempt employers include:

• Institutions of higher education
• Nonprofit organizations affiliated with or related to institutions of higher education
• Nonprofit research organizations
• Governmental research organizations

An employer that does not fall into one of these categories is cap-subject. A cap-subject employer cannot file an H-1B petition outside the registration process unless the beneficiary qualifies for an exception — for example, a current H-1B holder changing employers or extending status with the same employer. New H-1B employment for someone who has never held H-1B status, or whose most recent H-1B expired more than six years ago, requires registration and selection.

Here's the Honest Answer: Registration Does Not Guarantee Filing

Many employers assume that registering for the H-1B lottery means they can file a petition. The registration is only an entry into the selection process. USCIS receives hundreds of thousands of registrations each cycle. In recent years, the selection rate has fluctuated based on the volume of registrations submitted relative to the 85,000 available cap slots (65,000 regular cap plus 20,000 advanced degree cap).

If your registration is not selected, you cannot file a petition that fiscal year. The employer must wait until the next registration cycle — a full year — to try again. There is no appeals process for lottery selection. The only recourse is to re-register the following March.

USCIS has also conducted second lottery draws in some years when initial selections did not fill all available slots, but this is not guaranteed. Employers should not plan around the possibility of a second draw.

The Filing Window After Selection

Employers whose registrations are selected receive a notice from USCIS with instructions to file Form I-129. The filing window is 90 days from the date of the selection notice. Missing this deadline forfeits the selection — the employer cannot file late and must re-enter the lottery the following year.

The petition filing period typically runs from early April through late June or early July, depending on when selection notices were issued. During this window, employers assemble the full petition package:

• Form I-129 with H-1B Data Collection and Fee Exemption Supplement
• Labor Condition Application (LCA) certified by the Department of Labor
• Evidence of the beneficiary's qualifications (degrees, licenses, work experience)
• Evidence of the employer's ability to pay the offered wage
• Supporting documentation establishing that the position qualifies as a specialty occupation

Petitions filed during this window are not processed first-come, first-served. USCIS adjudicates them in the order received, but all April filings are generally treated as filed on the same date for processing purposes.

Premium Processing Availability

Premium processing allows employers to pay an additional fee for expedited adjudication with a guaranteed response time. USCIS has suspended premium processing for initial cap-subject H-1B petitions during certain filing seasons and reinstated it in others. As of 2026, employers should check the USCIS premium processing page at uscis.gov before the filing window opens to confirm whether the service is available and what the current fee and processing window are.

When available, premium processing does not increase the chances of approval. It shortens the time to receive a decision — approval, denial, or request for evidence (RFE). Standard processing times for cap-subject petitions vary and should be confirmed on the USCIS processing times page for Form I-129 at the service center handling the case.

What the Law Offices of Peter D. Chu Handles in This Process

The Law Offices of Peter D. Chu represents employers and beneficiaries through H-1B registration, petition preparation, and response to USCIS requests for evidence. The firm's H-1B visa services include evaluating whether a position and beneficiary meet the specialty occupation and degree requirements, preparing the LCA filing strategy, and advising employers on compliance with wage and working condition obligations under the H-1B program.

Consultations to assess H-1B eligibility and strategy are available for a fee of $250. Appointments can be scheduled by calling 858-268-8823 or visiting the firm's office at 4615 Convoy St, San Diego, CA 92111, Monday through Friday, 8:30 AM to 5:30 PM.

What If My Employer Misses the Registration Window?

If the registration window closes before your employer submits a registration, there is no option to register late. The employer must wait until the next fiscal year's cycle. This means the earliest possible employment start date moves back by one full year.

Some beneficiaries explore alternative visa categories while waiting for the next H-1B cycle. Depending on the individual's qualifications and the employer's needs, options may include:

• O-1 visa for individuals with extraordinary ability or achievement
• L-1 visa for intracompany transferees (requires qualifying employment abroad with a related entity)
• E-2 or E-1 treaty investor or trader visa (requires nationality from a treaty country and qualifying investment or trade)
• TN visa for Canadian or Mexican citizens in qualifying professions under USMCA

Whether any of these categories applies depends on individual facts that must be evaluated in consultation with an immigration attorney. The Law Offices of Peter D. Chu reviews alternative visa strategies when H-1B timing or eligibility does not align with the employer's hiring timeline.

What If My Registration Is Selected But the Petition Is Denied?

Selection in the H-1B lottery does not guarantee approval. USCIS adjudicates each petition on its merits. Common reasons for denial include:

• Failure to establish that the position qualifies as a specialty occupation
• Insufficient evidence of the beneficiary's qualifications
• LCA defects or discrepancies between the LCA and the petition
• Inability to demonstrate the employer-employee relationship (particularly in third-party placement situations)

If a petition is denied, the employer may file a motion to reopen or reconsider if the denial was based on a factual or legal error. Alternatively, the employer may file an appeal to the Administrative Appeals Office (AAO). These options carry strict deadlines and procedural requirements.

A denial does not prohibit the employer from registering the same beneficiary in the next fiscal year's lottery. The employer may also file a new petition immediately if the beneficiary qualifies for cap-exempt status or if the employer's situation changes in a way that addresses the reason for the initial denial.

What If I'm Already in H-1B Status and Changing Employers?

An H-1B holder switching to a new employer does not go through the registration lottery. The new employer files a cap-exempt H-1B petition at any time of year, provided the beneficiary's current H-1B status is valid or the beneficiary remains within the six-year H-1B limit.

The new employer must still file Form I-129, obtain a certified LCA, and meet all substantive H-1B requirements. The petition is not subject to the annual cap because the beneficiary already holds H-1B status or previously held it within the six-year period.

USCIS rules allow the beneficiary to begin working for the new employer as soon as the new petition is filed, under H-1B portability provisions in INA § 214(n). This applies only if the beneficiary was in valid H-1B status when the new petition was filed. If the previous H-1B status expired, portability does not apply, and the beneficiary must wait for approval before beginning employment.

The Role of the Labor Condition Application

Before filing Form I-129, the employer must obtain a certified Labor Condition Application (LCA) from the U.S. Department of Labor. The LCA is the employer's attestation that it will pay the required wage, provide working conditions that do not adversely affect U.S. workers, and comply with notice and posting requirements.

The employer files the LCA electronically through the DOL's FLAG system at flag.dol.gov. The DOL certifies most LCAs within seven business days if the application is complete and facially compliant. The certified LCA must be included with the I-129 petition.

The wage stated on the LCA must meet or exceed both the prevailing wage for the occupation in the geographic area and the employer's actual wage for similarly employed workers. Employers determine the prevailing wage by obtaining a prevailing wage determination (PWD) from the DOL or by using an alternative legitimate wage source recognized under the regulations.

LCA compliance continues throughout the H-1B employment period. Violations can result in back-wage liability, civil penalties, and debarment from the H-1B and PERM programs.

The Statutory Basis for the Annual Cap

The H-1B numerical limitation is set by the Immigration and Nationality Act at INA § 214(g)(1)(A). Congress established the 65,000 cap in 1990 and added the 20,000 advanced degree exemption in 2004 under the H-1B Visa Reform Act. The cap applies per fiscal year, which runs from October 1 through September 30.

Cap-subject petitions approved during one fiscal year consume a visa number from that year's allocation, even if the beneficiary does not use the visa or enter the U.S. A beneficiary who is approved but then abandons the petition, or whose petition is later revoked, does not free up the visa number for another applicant.

The cap resets each October 1. Unused numbers from one fiscal year do not carry over to the next.

How USCIS Counts Registrations Toward the Cap

USCIS counts registrations, not individual beneficiaries, in the lottery. If multiple employers register the same beneficiary, each registration is a separate entry. This has led to significant debate and policy scrutiny, as some beneficiaries are registered by multiple related entities or staffing companies, increasing their selection odds.

USCIS has proposed rules to change the selection process to a beneficiary-centric model, where each unique beneficiary would have only one entry regardless of how many employers register them. As of 2026, these proposed changes have not been finalized. Employers should monitor USCIS policy updates for changes to the registration and selection process that may take effect in future fiscal years.

Preparing Before the Registration Window Opens

Employers who anticipate needing H-1B workers for the upcoming fiscal year should begin preparation in January or February — before the March registration window. Preparation steps include:

• Confirming the position qualifies as a specialty occupation under 8 CFR § 214.2(h)(4)(iii)(A)
• Verifying the beneficiary holds the required degree or equivalent experience
• Determining the appropriate wage level and prevailing wage source
• Reviewing internal processes for obtaining certified LCAs quickly after selection

Employers who wait until the registration window opens to begin this analysis risk missing the deadline or submitting a registration for a petition that is unlikely to succeed.

The Law Offices of Peter D. Chu advises employers on H-1B eligibility and registration strategy starting in the months before the window opens, allowing time to address documentation gaps or wage issues before the lottery.

Disclaimer: This article provides general information about the H-1B registration and filing process and does not constitute legal advice. Immigration law is complex, and outcomes depend on the specific facts of each case, including the employer's situation, the beneficiary's qualifications, and the position offered. Reading this article does not create an attorney-client relationship with the Law Offices of Peter D. Chu. For advice tailored to your circumstances, consult a licensed immigration attorney.

To discuss your H-1B case with an experienced immigration attorney, contact the Law Offices of Peter D. Chu at 858-268-8823 or visit the office at 4615 Convoy St, San Diego, CA 92111. The consultation fee is $250. Office hours are Monday through Friday, 8:30 AM to 5:30 PM.

Schedule a consultation with the Law Offices of Peter D. Chu — 4615 Convoy St, San Diego, CA 92111 · 858-268-8823 · Mon–Fri, 8:30 AM–5:30 PM. Consultation fee: $250.