USCIS set to hold H-1B lottery with initial registration closed

With the initial registration period for the FY 2025 H-1B cap season closing on March 25, USCIS will soon hold a lottery to select enough beneficiaries to reach the FY 2025 H-1B cap including the master’s cap for advanced US degree holders.

The immigration agency announced Tuesday it will notify all prospective petitioners with selected beneficiaries that they are eligible to file an H-1B cap-subject petition for such beneficiaries. It will issue another web alert when this process has been completed.

In recent years, Indian tech professionals have cornered about 70% of 85,000 H-1B cap-subject visas, including 20,000 master’s cap for advanced US degree holders.

READ: Odds have worsened in H-1B visa lottery: study (February 27, 2024)

Meanwhile, from April 1, USCIS is changing H-1B Form I-129 filing location to lockbox. From that day, H-1B and H-1B1 (HSC) Form I-129 petitions must no longer be filed at the USCIS service centers.

All paper-based H-1B and H-1B1 (HSC) Form I-129 petitions must be 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: Now you can renew H-1B visa in US (February 6, 2024)

USCIS has specific mailing addresses for cases that are subject to the H-1B cap. To determine the correct mailing address, please see USCIS Form I-129 Direct Filing Addresses page. If a petition is filed at the wrong location, USCIS said it may reject the petition. Rejected petitions will not retain a filing date.

If USCIS rejects a petition because it was filed at the wrong location, it may be refiled at the correct location, or online. H-1B cap subject petitions may be refiled at the correct location, or online, as long as the petition is refiled during the designated 90-day filing window listed on the selection notice.

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

Online filing and organizational accounts

On Feb 28, 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.

Information on organizational accounts is available on the Organizational Accounts Frequently Asked Questions page.

USCIS also launched online filing of Form I-129 and associated Form I-907 for non-cap H-1B petitions on March 25. On April 1, it will begin 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, USCIS stated.

Prepaid mailers are no longer used to send out any communication or final notices for any H-1B or H-1B1 (HSC) petitions as of March 25.

With H-1B intake now occurring at the lockbox or online, USCIS will not be able to use any prepaid mailers for H-1B or H-1B1 (HSC) filings.

The process of printing and mailing H-1B petition approval notices by first-class mail is fully automated. MyUSCIS account holders will also receive an email or text message notification when there is a case status change on a case in their account, followed by a paper notice by mail.

On Jan 31, 2024, USCIS published a final rule that adjusts the fees required for most immigration applications and petitions. The new fees are effective April 1, 2024.

Petitions postmarked on or after April 1, 2024, must include the new fees or we will not accept them. 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, USCIS stated.

USCIS has published a preview version of the 04/01/24 edition of Form I-129 (PDF, 2.07 MB) and its instructions (PDF, 428.11 KB).

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

USCIS will use the postmark date of a filing to determine which form version and fees are correct but will use the received date for purposes of any regulatory or statutory filing deadlines.