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USCIS holds FY 2025 H-1B cap lottery after initial registration 

 USCIS holds FY 2025 H-1B cap lottery after initial registration 

US Citizenship and Immigration Services (USCIS) has randomly selected enough properly submitted registrations for unique beneficiaries projected as needed to reach the H-1B cap for FY 2025.

The immigration agency has notified all prospective petitioners with selected beneficiaries that they are eligible to file an H-1B cap-subject petition for such beneficiaries.

USCIS held a lottery after receiving 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).

READ: USCIS set to hold H-1B lottery with initial registration closed (March 27, 2024)

The agency said 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.

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.

READ: USCIS extends FY 2025 H-1B cap registration period till March 25 (March 21, 2024)

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.

H-1B cap-subject petitions for FY 2025, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2024, if filed for a selected beneficiary and based on a valid registration. Only petitioners with registrations for selected beneficiaries may file H-1B cap-subject petitions for FY 2025.

An H-1B cap-subject petition must be properly filed at the correct filing location (see H-1B Form I-129 Filing Location Change to Lockbox section below) or online at my.uscis.gov and within the filing period indicated on the relevant selection notice.

READ: Now you can renew H-1B visa in US (February 6, 2024)

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. Petitioners must also submit evidence of the beneficiary’s valid passport or travel document used at the time of registration to identify the beneficiary.

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.

USCIS said the new fees required for most immigration applications and petitions are effective April 1, 2024. Petitions postmarked on or after April 1, 2024, must include the new fees or the agency will not accept them.

READ: USCIS raises H-1B visa and immigration fees (February 1, 2024)

Additionally, there will be a new 04/01/24 edition of Form I-129, Petition for a Nonimmigrant Worker. There will be no grace period for filing the new version of Form I-129 because it must include the new fee calculation.

On Feb. 28, 2024, USCIS launched new online organizational accounts that allow multiple people within an organization and their legal representatives to collaborate on and prepare H-1B registrations, H-1B petitions, and any associated Form I-907.

On April 1, USCIS began accepting online filing for H-1B cap petitions and associated Forms I-907 for petitioners whose registrations have been selected.

ALSO READ: White House asks Congress to revamp outdated H-1B visa program (August 29, 2023)

Petitioners will continue to have the option of filing a paper Form I-129 H-1B petition and any associated Form I-907 if they prefer. However, during the initial launch of organizational accounts, users will not be able to link paper-filed Forms I-129 and I-907 to their online accounts.

Starting April 1, 2024, H-1B and H-1B1 (HSC) Form I-129 petitions are no longer filed directly with the USCIS service centers. All paper-based H-1B and H-1B1 (HSC) Form I-129 petitions are now filed at USCIS lockbox locations. This includes cap, non-cap, and cap-exempt H-1B filings.

USCIS said it will reject H-1B or H-1B1 (HSC) petitions received at a USCIS service center on or after April 1, 2024. There will be no grace period provided.

READ: Panel for extending grace period for H1-B workers to 180 days (March 15, 2023)

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AB Wire

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