The United States Citizenship and Immigration Services (USCIS) recently announced the agency’s completion of the FY 2025 H-1B Cap Initial Registration Selection Process.[1]
The H-1B visa program allows U.S. employers to hire foreign workers in specialty occupations that require theoretical or technical expertise. Each fiscal year commencing October 1st, there is a cap on the number of new H-1B visas issued, with a regular cap of 65,000 visas and an additional 20,000 visas available for beneficiaries with a U.S. master’s degree or higher. The demand for H-1B visas typically exceeds the allotted annual cap, resulting in a randomized selection process, which is also known as the “H-1B Lottery”.
The FY 2025 H-1B Cap Initial Registration Selection Process has been concluded by the USCIS. This process involves the selection of newly implemented “beneficiary-centric” H-1B electronic registrations submitted during the designated registration period between March 6, 2024 through March 22, 2024.
USCIS recently announced it has received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year (FY) 2025 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap). USCIS has randomly selected enough properly submitted registrations for unique beneficiaries projected as needed to reach the H-1B cap and have notified all prospective petitioners with selected beneficiaries that they are eligible to file an H-1B cap-subject petition for such beneficiaries.
Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered):
- Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted. Note, prior years have resulted in subsequent Lottery Selections if not all H-1B numbers are used from the initial selection of H-1B registrations.
- Selected: Selected to file an H-1B cap petition.
- Not Selected: Not eligible to file an H-1B cap petition based on this registration.
- Denied – duplicate registration: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.
- Invalidated – failed payment: A registration was submitted but the payment method was declined, not reconciled, or otherwise invalid.
- Deleted: The submitted registration has been deleted and is no longer eligible for selection.
- Processing submission: USCIS is processing your submission. It may take up to 72 hours for all of your case information to show on the case details page. While it is processing, you will be unable to access your draft.
USCIS has not yet disclosed the total number of H-1B registrations received for the FY2025. Selected H-1B cap-subject petitions must be filed between April 1, 2024 through June 30, 2024. Petitioners must include a copy of the applicable selection notice with the FY 2025 H-1B cap-subject petition. Petitioners filing for selected beneficiaries based on their valid registration must still submit evidence or otherwise establish eligibility for petition approval, as registration and selection only pertains to eligibility to file the H-1B cap-subject petition.
Employers who will be sponsoring foreign nationals for H-1B classification based upon selection in the FY 2025 H-1B visa lottery should consult with counsel to ensure timely preparation and filing of their petitions by June 30th. For those employers whose registered foreign nationals were not selected, counsel should be consulted to consider other alternative visa classifications. Gunster’s Immigration Practice Group remains available to assist with these processes and answer your questions.
Should you wish to receive further information concerning matters discussed in the Immigration Gunster’s Immigration Law practice.
The information herein is based upon a United States Citizenship and Immigration News Alert issued on April 1, 2024: Notice of FY 2025 H-1B Cap Initial Registration Selection Process Completion and Cap Season Reminders. See https://www.uscis.gov/newsroom/alerts/notice-of-fy-2025-h-1b-cap-initial-registration-selection-process-completion-and-cap-season).
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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.
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