H1B Visa 2025 Guide: Lottery, Stamping in USA, Requirements & Salary

The H1B visa is America’s most popular work visa for high-skilled foreign professionals. In 2025, demand for H-1Bs remains sky-high, so it’s critical to understand the process. This guide breaks down H-1B visa requirements, application deadlines, the lottery (including the possibility of an H-1B second lottery), and even new developments like H-1B stamping in USA. We’ll also cover salary obligations for H-1B employers. Whether you’re an engineer eyeing Silicon Valley or a startup founder hiring global talent, this article will help you navigate the H-1B from start to finish. (Remember: Every H-1B petition is employer-sponsored - you cannot apply without a U.S. job offer). Let’s dive in.

What is the H-1B Visa?

The H-1B is a temporary (nonimmigrant) work visa for “specialty occupation” roles. A specialty occupation requires a bachelor’s degree or higher in a specific field of study. Essentially, the job must need specialized knowledge and at least a bachelor’s degree in a directly related field​uscis.gov. Common H-1B industries include tech (software developers, data scientists), finance (analysts), engineering, healthcare, and academia. Each approved H-1B visa allows an individual to live and work in the U.S. for up to 6 years (initial approval up to 3 years, renewable once up to 3 more years). Uniquely, H-1B status is dual intent - you can pursue permanent residency (a green card) without jeopardizing the visa.

Why is the H-1B so sought-after? There’s an annual cap of 85,000 new H-1Bs each fiscal year (65k general quota + 20k reserved for U.S. advanced degree holders). Demand often far outstrips supply, so USCIS runs a lottery each year. For example, in the FY2025 H-1B season, roughly 480,000 eligible registrations were submitted for those 85k slots​. Only about 135,000 were selected (enough to meet the quota) after multiple selection rounds​. That means roughly 1 in 3 prospective workers got an H-1B visa in 2025 - making it a coveted ticket to the American job market. We’ll talk more about the lottery and H-1B lottery results later.

H-1B Visa Requirements and Eligibility

To qualify for an H-1B, both the job position and the beneficiary (worker) must meet certain requirements:

• Specialty Occupation & Degree - The job must require a specialized bachelor’s degree or higher. The candidate should hold a U.S. bachelor’s or equivalent foreign degree in a field directly related to the job​. For example, a software developer role may require a degree in computer science or engineering. The USCIS will also check that it’s a customary requirement in the industry or for that employer to hire someone with that degree for the role​. If the connection between degree and duties isn’t obvious, expect questions (RFEs). Tip: If your degree is not an exact match, a credential evaluation or expert opinion can help show equivalency.
• Legitimate Employer-Employee Relationship - A U.S. employer must sponsor the H-1B petition. You need a bona fide job offer with that company, and they must have control over your work (not a purely speculative position). The employer will be the petitioner, and you (the foreign worker) are the beneficiary.
• Required H-1B Salary (Prevailing Wage) - By law, H-1B employers must pay at least the prevailing wage for the occupation and location or the actual company wage paid to similar employees - whichever is higher​. This is to prevent underpaying foreign hires. The Department of Labor sets prevailing wage levels based on job and region. For instance, a software engineer in San Francisco will have a higher required wage than one in a lower cost area. Meeting the H-1B salary requirement is crucial; paying below the prevailing wage can lead to denial or penalties. Example: If the prevailing wage for a Data Analyst in New York is $75,000/year, the employer must pay at least that to the H-1B worker, even if some Americans at the company earn less. Most reputable employers meet or exceed these wage rules​.
• Workload and Duties - The job can be full-time or part-time, but must be substantive, real work. A very low salary or unusually low hours could trigger scrutiny that it’s not a genuine position.
• Professional Licenses (if applicable) - If the job requires a state license (e.g. doctor, lawyer, teacher), the beneficiary should generally have that license or meet the qualifications for it.
• No Ownership Restrictions - Unlike some visas, the H-1B does allow the beneficiary to own shares or be a founder of the petitioning company, but special rules apply. If a worker owns over 50% of the company, initial H-1B validity might be limited to 18 months instead of 3 years​. Extra evidence (like showing the board can fire the person) is needed to prove a valid employer-employee relationship when the employee is also an owner. Founders: It’s possible to get an H-1B for your own startup, but consult an attorney to navigate the added hurdles.

H-1B Application Timeline and Deadlines

When do you apply for an H-1B? The H-1B cap operates on a fixed annual cycle. For Fiscal Year 2026 (FY2026), which starts October 1, 2025, the process began in March 2025. Here’s a breakdown of the typical timeline:

• Registration Period (March) - Every year, usually in the first three weeks of March, USCIS opens an H-1B electronic registration. Employers (or their lawyers) submit online registrations for each candidate, paying a $10 fee per person. For example, in 2025 the registration window was March 7 to March 24​. Deadline: If you miss this March sign-up, you generally cannot get an H-1B that starts in the next fiscal year. (Exceptions: cap-exempt jobs like universities, which can file any time, are outside this lottery system.) So the H-1B application deadline for most is essentially the end of the March registration period. Mark your calendars early!
• Lottery Results (Late March - April) - If registrations exceed the 85,000 available visas (which they always do), USCIS runs a random lottery. Employers and attorneys are notified via email by the end of March or early April if their beneficiary was selected. The selection notice allows them to file a full H-1B petition. In 2025’s lottery for FY2026, USCIS announced on April 1, 2025 that enough registrations were received to fill the cap​. Only those selected can proceed to file an H-1B petition.
• Petition Filing (April - June) - For selected cases, the employer submits a full Form I-129 petition with supporting documents to USCIS. The filing period for cap cases typically runs from April 1 to June 30. Deadline: The selection notice will specify a filing deadline (often ~90 days). Missing the deadline means you forfeit the chance. Documents include the signed Labor Condition Application (LCA) approved by the Department of Labor, proof of the candidate’s degree, job offer letter, etc. Premium processing (15-day expedited review) can be requested at this stage for a fee.
• USCIS Processing (Summer) - USCIS reviews petitions over the following weeks/months. By late spring or summer, you’ll get a decision or a Request for Evidence (RFE) for more info. Standard processing can take 3-6 months, so a petition filed in April might be approved by July-August. With premium processing, many cases filed in April get approved by mid or late April.
• Start Work (October 1) - This is the earliest the beneficiary can activate H-1B status for a cap case, since the fiscal year starts Oct 1. Even if approved in May, a cap-subject H-1B’s start date will be Oct 1, 2025. Example: Alice is selected in the lottery, her company files in April 2025, and USCIS approves it in June 2025 - she can only begin H-1B employment on 10/1/2025. (Though if she was already in the U.S. working for the employer under OPT or another status, she might continue working - talk to your attorney about “Cap-Gap” rules in such scenarios.)
• Second Lottery (if needed) - Some years, not all selected registrations result in filed or approved petitions (e.g., employers change plans or duplicate entries are filtered out). If initial selections don’t fill the quota (i.e., many winners didn’t file petitions), USCIS may conduct an additional lottery from the remaining pool. This H-1B second lottery typically happens in summer. For FY2025 (lottery held in 2024), USCIS did a second selection in July 2024, picking an extra ~13,600 people. For FY2026, time will tell if a second round is needed - it’s up to USCIS’s discretion. If you weren’t selected in March, keep an eye on emails through the summer just in case. Note: In 2025, USCIS’s new stricter registration rules (discussed below) may reduce the need for second lotteries by cutting down on duplicate entries.
• H-1B Approval & Stamping (August - September) - By late September 2025, all cap-subject H-1B cases for the year should be decided so that people can start work in October. If you’re abroad, you’ll use the approval notice to apply for an H-1B visa stamp at a U.S. embassy before you can enter the U.S. to begin work.

In summary, if you’re aiming for an H-1B, you need to be job-hunting and securing offers by January/February so your employer is ready to register you in March. Missing the spring window likely means waiting until the next year’s cycle. For employers: plan your recruitment such that you identify candidates by February so you can submit their lottery entries in March.

H-1B Lottery Selection: Chances and Changes

The H-1B lottery is a hot topic every year. It’s how USCIS allocates the limited visas when there are hundreds of thousands of applicants. Here’s what happened recently and how it affects your chances:

• Record Demand and Fraud Concerns: In the 2024 lottery (for FY2025 visas), USCIS was flooded with 758,994 eligible registrations - nearly triple the prior year. Many individuals were entered by multiple companies to boost their odds, some via fraudulent arrangements. USCIS identified this as a serious issue. So, in 2025, they implemented a new lottery rule: a “beneficiary-centric” selection process that gives each person only one shot, regardless of how many companies enter them​. Passport information must now be provided to prevent duplicate registrations​. This had a huge impact: for FY2025’s lottery, the total entries dropped to about 470k (from 759k) because the duplicates were curtailed​. The number of unique individuals was roughly the same (~442k), but the average person only had 1.06 registrations, down from 1.7​. This made the lottery a bit more fair.
• FY2025 Lottery Results: USCIS initially selected 114,000 beneficiaries in March 2024​. Later in July, they ran a second lottery, selecting about 13,600 more beneficiaries to reach the quota​. By December 2024, USCIS confirmed the FY2025 cap was fully met after these two rounds​. If you were an H-1B applicant in that cycle and didn’t get picked by September, it meant it was time to consider alternatives (such as cap-exempt jobs, H-1B1 visa for certain countries, L1 visa transfers if you have an overseas office, etc., or try again next year).
• Odds of Selection: With ~442k people vying for 85k spots, the overall odds in 2025 were roughly 19%. But those with a U.S. master’s or higher degree effectively get two bites at the apple (they’re in both the master’s 20k draw and the general 65k draw if not picked in the first), giving them somewhat better odds. Still, H-1B is essentially a lottery unless you’re cap-exempt. You can improve your odds slightly by having multiple genuine job offers (since each company can register you once), but beware: colluding with fake companies or submitting duplicitous entries will get petitions denied or even referred for fraud. The new USCIS rules are designed so that each individual has the same chance regardless of entries​.
• If Not Selected: If you don’t win the lottery, the H-1B journey pauses until the next year. However, you might explore other options in the interim. Students on F-1 OPT can often continue working (perhaps using STEM OPT extension) and try the lottery again next year. Others might switch to cap-exempt employers (universities, nonprofit research organizations) which can sponsor H-1B anytime without a lottery. Alternative visas like the O-1 for individuals of extraordinary ability, the L-1 for intracompany transferees (see our L-1 visa guide), or the H-1B1 for citizens of Chile/Singapore (discussed below), can be viable bridges or solutions too. It’s wise to consult with an immigration lawyer on backup plans if you’re depending on an H-1B.

Fun fact: The lottery wasn’t always in March. Prior to 2020, USCIS used a paper-based filing lottery in April. The electronic registration system (with its $10 fee) began in 2020 and front-loads the lottery selection before full petitions are filed, saving considerable effort and money for employers if not selected.

Application Process: Petition Filing and USCIS Review

If you get selected in the H-1B lottery, congratulations - but the work isn’t over. Now you must file a strong petition to secure the visa. Here are the key steps and tips in the H-1B petition process:

Labor Condition Application (LCA): Before filing the H-1B petition, the employer must file an LCA with the U.S. Department of Labor. The LCA is basically the employer’s attestation to pay the required wage and follow labor standards​. It takes about 7 days to get certified. The certified LCA (Form ETA 9035) is submitted with the H-1B petition. Note: The employer must also notify its U.S. workforce (via workplace posting or union notification) about hiring an H-1B worker​.

Complete Form I-129 Petition: This is the main form for H-1B. It includes details about the company, job, and beneficiary. New in 2025: USCIS updated the Form I-129 in January 2025 to align with the latest rules​. Petitions filed on outdated forms will be rejected​, so ensure you use the newest form (your attorney will handle this).

Compile Supporting Documents: Key evidence includes:

• Employer documentation: company brochures, annual report, organizational charts, to prove it’s a real and legitimate business. For smaller startups, include info to show ability to pay the wage and that the company is actually engaged in business.
• Job description: Detailed duties, the percentage of time on each duty, and why it requires at least a bachelor’s degree in a specific field.
• Beneficiary’s qualifications: Diplomas and transcripts. If the degree is foreign, include an evaluation equating it to a U.S. degree. Letters from past employers to document any specialized experience.
• If the candidate will work at a client site (common in IT consulting): include an end-client letter or contract confirming the job details at the third-party site. USCIS often scrutinizes third-party placements for genuine work.
• Any license required for the job (e.g., state medical license for a doctor).

Preventing RFEs: It’s wise to address common concerns proactively. For example, Level 1 wage issues - if the LCA uses a Level 1 (entry-level) wage, USCIS might question if the job is really specialized. A good attorney will include additional expert letters or industry data to show the job is complex despite being entry-level. Likewise, if the job title is something generic like “Analyst” or “Engineer I,” the petition should explain the specific field and why a degree in that field is needed. Taking these steps can avoid an RFE (Request for Evidence) or denial. (Overall H-1B approval rates are high - about 98% in recent years - but that includes cases that get fixed via RFE. A well-prepared case minimizes back-and-forth.)

Filing with USCIS: Send the petition to the appropriate USCIS service center. The filing fee package for H-1B is hefty: it includes a $460 petition fee, $500 anti-fraud fee, $750 or $1,500 training fee (depending on company size), and optional $2,500 premium processing fee, among others. Often, it totals around $4,000 (premium included). Employers usually cover most fees; by regulation, the $1,500 training fee cannot be paid by the employee.

USCIS Decision: You’ll receive an Approval Notice (Form I-797) if all goes well. If there’s an RFE, respond by the deadline with the requested info. In rare cases, USCIS might deny the petition; at that point, options include refiling (if time permits and cap is still open, which it usually isn’t for cap cases) or considering appeals/alternative visas.

Throughout this process, attention to detail is key. Even small errors (typos in the name, missing checkbox) can delay things. This is why many companies hire an H-1B visa lawyer to manage filings. An experienced attorney ensures forms are correct, the case is fortified against RFEs, and all regulatory requirements (posting the LCA notice, etc.) are met. In fact, working with a knowledgeable attorney can significantly smooth out the H-1B process - they handle bulk registrations, petition prep, respond to any RFE, and strategize long-term (for example, advising when to start a green card process to extend H-1B beyond the 6-year limit)​. If you’re unsure, check out our post on choosing the best H-1B visa lawyer for tips on what to look for in legal counsel.

Visa Stamping and Travel: H-1B Stamping in USA Pilot Program

Traditionally, if you’re outside the U.S., once your H-1B petition is approved, you must apply for an H-1B visa stamp at a U.S. embassy or consulate in your home country (or another country) before you can enter the U.S. in H-1B status. This involves filling out the DS-160 form, paying visa fees, and attending an interview. If you’re already inside the U.S. (e.g., changing status from F-1 student to H-1B), you don’t need a visa stamp to start working, but you will need to get the stamp next time you travel abroad and want to re-enter the U.S.

H-1B Stamping in the USA - Big News: In 2023, the U.S. Department of State announced a pilot program to allow certain H-1B visa renewals inside the U.S.. This is a huge change, as for nearly two decades, H-1B visa holders had to leave the country to renew their visa stamp. The pilot launched at the end of January 2024 for about 20,000 H-1B workers. Eligible participants could send their passports to a Stateside processing center and get a new visa stamp without traveling abroad. The goal is to reduce the burden on consulates and on workers (who otherwise might face long wait times in India or elsewhere just to renew a visa). As of 2025, this domestic visa stamping program is still limited, but the State Department aims to expand it after the initial run​.

What this means for you: If you are extending your H-1B and would normally need to travel for a new stamp, watch for updates on the H-1B stamping in USA program. It could save you an expensive trip. However, eligibility may be narrow initially (likely focusing on those renewing the same employer’s petition). New H-1B entrants (first-time H-1B visa) in 2025 will still need to interview abroad for their visa unless they qualify for an interview waiver under existing rules. Always check the latest from the State Department or ask your attorney if you can do in-country renewal. It’s a developing opportunity that reflects efforts to modernize immigration services.

If you do go for stamping abroad, ensure you bring:

• Original I-797 H-1B approval notice,
• Copy of the I-129 petition (especially the cover letter and support letter),
• Latest LCA,
• Employment verification letter from your company,
• Pay stubs and tax returns (to show you maintained status, if renewing),
• And of course, your passport (valid at least 6 months beyond petition end date) and recent photograph.

Consular officers often ask about your job duties, employer, and background. The process is usually straightforward for H-1Bs, but delays can happen (administrative processing). In mid-2020, for instance, there was even a temporary ban on issuing new H-1B visas (as part of a COVID-19 proclamation)​. By 2025, all such bans have lapsed, but always be prepared for evolving policies (especially in a post-pandemic world or under shifting political climates).

2025 Policy Outlook: Navigating Changing H-1B Rules

Immigration policies can change with administrations. Notably, 2025 began with a new (or returning) U.S. President. As of April 2025, President Donald Trump’s return to office has raised questions about H-1B visa policy changes. During Trump’s first term (2017-2021), H-1B visas faced higher denial rates and tougher scrutiny - for example, denial rates for initial H-1Bs spiked to 15% in FY2018, vs ~3% under the prior administration. There were executive orders calling for tighter rules and even a freeze on H-1Bs (and L-1s) in 2020​. Many of those policies were later rolled back or expired. However, a Trump 2025 H-1B policy direction might include attempts to redefine “specialty occupation” more narrowly or raise minimum salary requirements. In fact, regulatory changes were already in motion from the end of the last administration: DHS published a final H-1B modernization rule effective March 2024 that, among other things, instituted the lottery changes and clarified petition requirements​.

For H-1B employers and workers, this means you should stay informed and be ready to adapt:

• Specialty Occupation Definition: Ensure your job truly demands a specific degree - generic roles might get harder to qualify if regulations tighten. Provide strong documentation why your role is specialized.
• Wage Level Emphasis: There may be pushes to prioritize higher-paid jobs or to enforce wage-level considerations in the lottery (though no such system is in place yet - any move to a wage-based selection would require a new rule). For now, just make sure you meet the prevailing wage and know that paying well above it won’t hurt.
• Compliance and Site Visits: Expect continued anti-fraud measures - possibly more workplace site visits by USCIS’s Fraud Detection and National Security unit. Always keep your public access file and LCA postings in order. H-1B employers should be meticulous in complying with LCA requirements to avoid penalties.

On a positive note, the tech industry and startups continue to voice support for expanding high-skilled visas. Even amid political debate, the demand for STEM talent in the U.S. remains high. Gale (that’s us!) closely monitors these policy shifts. Our Trump H-1B policy 2025 update delves into what changes might be coming and how to prepare. Bottom line: if rules get stricter, a well-prepared H-1B case with excellent legal representation becomes even more crucial.

People Also Ask: H-1B Visa FAQs

Q: When is the H-1B visa application deadline for 2025? A: The key deadline is the March 2025 registration window. For FY2026 H-1Bs (which start October 2025), registrations had to be submitted between March 7 and March 24, 2025​. If you missed that, you’ll likely need to wait for the next cycle in March 2026. After selection, the full petition is due by around end of June. There’s no flexibility on these timelines - plan ahead and secure a job offer by February so your employer can register in March.

Q: Do I need a lawyer to file an H-1B, or can I do it myself? A: Technically, an employer can file an H-1B petition without an attorney. However, it’s not usually advisable. The process is paper-intensive and mistakes can be costly. A small error (like checking the wrong box on the I-129) could lead to rejection or delays. An experienced immigration lawyer will ensure all requirements are met, help write a compelling support letter highlighting the job’s specialized nature, and anticipate issues (like wage level or degree relevance) to preempt RFEs. Given the lottery limitations, you often have only one shot per year - so most employers do hire an attorney to maximize the chance of approval. Our H-1B Visa Lawyer guide goes into depth on how the right attorney adds value at each step.

Q: What is the minimum H-1B visa salary? A: There isn’t one fixed dollar amount - it varies by job and location. The rule is you must be paid at least the prevailing wage for your specific position in that geographic area (or the actual wage paid to similar coworkers, if higher)​. For example, the prevailing wage for an entry-level mechanical engineer in Detroit might be $68,000, whereas for a senior software developer in San Francisco it could be $130,000. The Department of Labor provides wage data in its LCA system. When filing the LCA, employers choose a wage level (I through IV) based on job requirements and experience. As long as the offered salary meets or exceeds that level’s prevailing wage, it’s compliant. So, the “minimum salary” is not one-size-fits-all - it’s determined case by case. Important: Non-compliance (paying below prevailing wage) can lead to denial and employer penalties. H-1B workers must be treated and paid on par with U.S. workers.

Q: Can I start working as soon as my H-1B petition is approved? A: Only if the petition start date is current. Cap-subject H-1B approvals all have an October 1 start, so you can only begin on or after Oct 1. If your approval comes earlier, you must wait. If you are changing employers (H-1B transfer) or moving from OPT to H-1B, different rules apply: H-1B transfers allow work as soon as the new employer files the petition (you don’t need to wait for approval under H-1B portability rules). F-1 students moving to H-1B in the cap have “cap-gap” work authorization that bridges the gap until Oct 1 as long as the H-1B was filed and selected while your OPT was valid. Always confirm with your immigration counsel - unauthorized early work can jeopardize status. But for most first-time H-1Bs through the lottery, October 1 is the magic date when you can commence employment (assuming approval).

Q: What is H-1B visa stamping and can I get the visa stamp without leaving the U.S.? A: “Visa stamping” refers to obtaining the physical visa in your passport at a U.S. consulate. If you’re abroad, you need this stamp to enter the U.S. as an H-1B worker. If you’re already in the U.S. and got H-1B status through a change of status (no consulate needed initially), you’ll still need a stamp the next time you travel internationally to re-enter. Historically, you had to travel to get a new stamp. However, a new H-1B stamping in USA pilot program launched in 2024 is changing that. It allows certain H-1B renewals to be done by mail within the U.S. - no consular interview. This is currently limited to renewals (not first-time visas) and only for some applicants, as a test program​. It’s expected to expand if successful. So, as of 2025, first-timers will still go abroad for stamping (unless eligible for “Interview Waiver” where you drop off your passport without an interview, applicable to some repeat travelers). If you’re renewing, keep an eye on the State Department announcements - you might be able to avoid a trip overseas for your next extension’s stamp. Always consult the latest news or an attorney because this is a big change in progress.

Q: Can my spouse and kids come with me on H-1B? A: Yes. Dependents of H-1B holders qualify for the H-4 visa (spouse and unmarried children under 21). H-4s generally cannot work in the U.S. unless certain conditions are met. Notably, H-4 spouses can obtain work authorization (an EAD) if the H-1B holder has started the green card process and has an approved I-140 immigrant petition (or on H-1B beyond year 6 based on pending green card process). This is a huge benefit for families, but it comes later in the journey. H-4 spouses cannot work upon arrival just by virtue of H-4 status (unlike L-2 spouses, for example, who are allowed to work incident to status). H-4 children cannot work, but can attend school. When planning an H-1B move, consider whether your spouse might want to work - it could take a couple years before they can under the H-4 EAD rule. Some families explore the L-1/L-2 route or other visas if spousal work authorization is a priority from day one.

Conclusion: Succeeding with Your H-1B Visa

Securing an H-1B visa in 2025 can be complex - from beating the lottery odds to assembling a rock-solid petition amid evolving policies. But thousands of applicants do succeed each year, opening doors to careers in the United States. The key is understanding the requirements, planning ahead for deadlines, and presenting a compelling case to USCIS. Don’t go it alone if you’re unsure; an experienced immigration firm like Gale can guide you through each step, leveraging technology and legal expertise to give your case an edge. Gale is a tech-forward, YC-backed immigration firm that has helped many professionals and startups navigate H-1Bs, from initial registration strategy to compliance after approval. If you have questions or need one-on-one help with your H-1B situation, schedule a consultation with Gale. We’re here to make your American dream a reality, with elite service every step of the way.