H-1B beneficiaries may have another opportunity to land up in America to achieve their long-cherished dream. USCIS has finished the process of conducting a second round of lottery to choose extra registrations for unique beneficiaries to reach the fiscal year 2025 H-1B regular cap numerical allocation, as was previously announced.
Additionally, USCIS has informed all prospective petitioners with selected registrations from this round of selection that they are eligible to file an H-1B cap-subject petition for the beneficiary specified in the relevant selected registration.
The new H-1B visa rules requires only petitioners with selected registrations to file H-1B cap-subject petitions for FY 2025, and only for the beneficiary listed on the corresponding selected registration notice.
USCIS has conducted the second round for regular visas and did not conduct a second selection for the advanced degree exemption (the master’s cap), as enough masters cap registrations had already been selected and sufficient petitions were received based on these registrations as projected to meet the master’s cap numerical allocation.
An H-1B cap-subject petition must be properly filed at the correct filing location or online at my.uscis.gov and within the filing period indicated on the relevant selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days. Petitioners must include a copy of the applicable selection notice with the FY 2025 H-1B cap-subject petition.
In March, USCIS conducted an initial random selection of submitted electronic registrations for the fiscal year 2025 H-1B cap, including those qualifying for the advanced degree exemption.
It is important to note that the registration selection only pertains to eligibility to file an H-1B cap-subject petition. Therefore, petitioners filing H-1B cap-subject petitions must establish eligibility for petition approval based on existing statutory and regulatory requirements.
On January 31, 2024, USCIS published a final rule that adjusted the fees required for most immigration applications and petitions. The new fees are effective as of April 1, 2024. Petitions must include the new fees, or USCIS will not accept them. Additionally, there is a new 04/01/24 edition of Form I-129, Petition for a Nonimmigrant Worker. USCIS will only accept the 04/01/24 edition of this form.
USCIS recently announced a final premium processing fee rule that increased the filing fee for Form I-907, Request for Premium Processing Service, to adjust for inflation, effective February 26, 2024. If USCIS receive a Form I-907 postmarked on or after February 26, 2024, with the incorrect filing fee, USCIS will reject the Form I-907 and return the filing fee.
The H-1B program enables firms and other employers in the United States to temporarily hire foreign workers in occupations requiring the theoretical and practical application of highly specialized knowledge, as well as a bachelor’s degree or higher in the specified field, or its equivalent.