H-1B Registration Process in 2025: A Guide for Small Business Employers in New York, New Jersey, and Pennsylvania

For small businesses in New York, New Jersey, and Pennsylvania looking to hire foreign talent, the H-1B visa program offers a critical pathway to bring skilled professionals into the U.S. workforce. The 2025 H-1B registration process presents both opportunities and challenges, particularly for small and mid-sized businesses unfamiliar with the legal nuances of hiring foreign workers. Understanding the registration process, legal requirements, and compliance obligations is essential to ensure a smooth and successful H-1B petition.

Understanding the H-1B Visa for Small Business Employers

The H-1B visa is a nonimmigrant work visa that allows U.S. employers to hire foreign professionals in specialty occupations that require at least a bachelor’s degree or equivalent experience. These occupations commonly include IT, engineering, finance, healthcare, and education, but small businesses in various industries may also find the H-1B program useful for hiring foreign talent. For small businesses, hiring an H-1B worker can be a game-changer, allowing access to specialized skills that may be difficult to find in the local labor market. However, small business employers must carefully navigate the legal framework to ensure compliance with U.S. Citizenship and Immigration Services (“USCIS”) regulations and Department of Labor (“DOL”) requirements.

Key Steps in the 2025 H-1B Registration Process

The H-1B registration process is conducted electronically through the USCIS online portal and is typically open in March each year. Employers must create an account and submit a registration for each foreign worker they intend to sponsor. There is a $215 non-refundable fee per registration, and if registrations exceed the annual cap of 65,000 H-1B visas (plus 20,000 for U.S. advanced degree holders), USCIS will conduct a random lottery to select candidates eligible to proceed with filing a full H-1B petition. For small businesses, it is crucial to plan ahead and ensure all required information is accurately submitted during the registration process. Since the lottery is highly competitive, having a well-prepared case increases the chances of a successful outcome. Employers should also consider alternative visa options in case their candidates are not selected.

Labor Condition Application (“LCA”) and Compliance Requirements

Before filing the H-1B petition, small business employers must obtain a certified Labor Condition Application (“LCA”) from the Department of Labor (“DOL”). The LCA ensures that:

• The H-1B worker will be paid at least the prevailing wage for their job role and location.

• Hiring the H-1B worker will not negatively impact U.S. workers in similar positions.

• The employer has provided proper notice of the LCA filing.

• There are no ongoing labor disputes at the job location.

For small businesses, compliance with wage and working conditions is particularly important, as USCIS may scrutinize whether the employer can financially support an H-1B worker. Small business owners should ensure they have proper payroll records, tax documentation, and financial statements to demonstrate their ability to pay the required wages.

Challenges Small Businesses Face in the H-1B Process

Unlike large corporations with dedicated HR teams, small business employers often lack in-house immigration expertise. One common challenge is understanding the complex filing requirements and maintaining compliance with federal regulations. Additionally, H-1B-dependent employers—companies with a high ratio of H-1B workers to U.S. employees—must attest to additional recruitment efforts before filing an H-1B petition.

Another concern is job role eligibility. Small business employers must ensure that the offered position qualifies as a specialty occupation under H-1B visa regulations. This means the job must require a bachelor’s degree in a specific field and must be appropriately classified under the DOL’s Occupational Classification Codes. Employers should also document the business need for the foreign worker and explain why a U.S. worker could not fill the position. Employers in New York, New Jersey, and Pennsylvania should be aware of additional state labor laws and wage regulations that may impact the H-1B hiring process. Each state has its own labor protections, wage requirements, and employment verification laws that small businesses must comply with when hiring foreign workers. Additionally, regional economic conditions can affect the prevailing wage determination, which plays a key role in LCA approval. Employers should consult local labor market data to ensure they meet salary requirements and avoid potential compliance issues.

Preparing for Potential Policy Changes in 2025

Immigration policies are subject to change based on federal government decisions. In recent years, the H-1B program has faced increased scrutiny, with more stringent compliance measures and higher denial rates for small businesses that fail to meet legal requirements. Small business employers should stay informed about any changes to USCIS filing procedures, DOL wage determinations, and employment verification rules that could impact their H-1B petitions.

To mitigate risks, small businesses should work with experienced immigration attorneys to ensure their applications are accurate, complete, and compliant with current laws. Seeking legal guidance early in the process can prevent costly mistakes and increase the likelihood of success. By staying informed, ensuring compliance, and seeking legal guidance, small business owners can successfully navigate the H-1B process and strengthen their workforce with talented professionals from around the world. If you are a small business employer considering hiring an H-1B worker, contact our office for a consultation on your options and legal requirements.