Get in touch
949-316-0078
info@santolloydlaw.com
Navigating Changes in the H-1B Cap Season for FY 2025
Kris Quadros-Ragar • Mar 28, 2024
The United States has concluded the initial registration phase for the Fiscal Year 2025 H-1B cap season, wrapping up on March 25, 2024, at noon Eastern Time after a three-day extension.
According to a statement from the U.S. Citizenship and Immigration Services (USCIS), the agency will soon commence the random selection of beneficiaries from properly submitted registrations. These selections are anticipated to fulfill the numerical allocations for the FY 2025 H-1B cap, including the master’s cap exemption. Once selected, prospective petitioners will be notified of their eligibility to file an H-1B cap-subject petition for the chosen beneficiaries.
As of April 1, 2024, USCIS has implemented a change in the filing location for H-1B and H-1B1 (HSC) Form I-129 petitions. All paper-based submissions must now be directed to USCIS lockbox locations, superseding service centers. This directive applies universally to cap, non-cap, and cap-exempt H-1B filings. Mailing addresses specifically designated for H-1B cap cases can be found on the Form I-129 Direct Filing Addresses page.
A clear warning has been issued by USCIS regarding petitions received at USCIS service centers on or after April 1, 2024. Any such submissions will be rejected outright, without any grace period provided.
Alongside these procedural adjustments, USCIS has introduced new fees and a revised edition of Form I-129, effective April 1, 2024. Henceforth, petitions postmarked on or after this date must adhere to the updated fees and utilize the latest edition of Form I-129. USCIS will reference the postmark date to ascertain the correct form version and applicable fees.
If you are considering an H-1B visa application or have any questions, please schedule a consultation with one of our experienced attorneys. We are here to assist you.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Kris Quadros-Ragar
Similar Posts
The U.S. Citizenship and Immigration Services (USCIS) has recently announced a significant enhancement to its customer experience with the upcoming launch of organizational accounts for H-1B cap season. These measures, set to debut in February 2024 , aim to boost efficiency and foster collaboration among organizations, legal representatives, and USCIS. One of the key features of this improvement is the introduction of organizational accounts for non-cap filings and the fiscal year (FY) 2025 H-1B cap season. This innovation allows multiple individuals within an organization and their legal representatives to collaborate seamlessly on H-1B registrations, Form I-129 (Petition for a Nonimmigrant Worker), and associated Form I-907 (Request for Premium Processing Service). The introduction of organizational accounts marks a transition to a fully electronic H-1B lifecycle, covering registration, petition preparation, decision-making, and transmission to the Department of State. USCIS expects to launch organizational accounts in February 2024, with the online filing of Forms I-129 and I-907 following shortly thereafter. This shift to electronic filing is anticipated to streamline the H-1B petition process, reducing common errors and eliminating duplicate H-1B registrations. Further, as part of USCIS's broader efforts to enhance efficiency and standardize processes, the paper filing location for Forms I-129 and I-907 will transition from service centers to the USCIS lockbox. This move aims to reduce costs while maintaining a more streamlined and standardized approach to handling H-1B petitions. With these customer experience improvements, USCIS is taking a significant stride towards modernizing and streamlining the H-1B petition process. As we approach the FY 2025 H-1B registration period, Santos Lloyd Law Firm is closely monitoring the evolving landscape of H-1B changes and actively engaging in upcoming sessions to maximize the benefits of these improvements.
In a recent update, the U.S. Citizenship and Immigration Services (USCIS) confirmed that the immigration agency has received a sufficient number of petitions, meeting the congressionally mandated caps for H-1B visas for fiscal year (FY) 2024. Both the regular cap of 65,000 and the U.S. advanced degree exemption, also known as the master’s cap, of 20,000 have been reached. Non-selection notices will be sent to registrants through their online accounts over the next few weeks. For those exempt from the cap, USCIS will continue to accept and process petitions. This includes petitions filed for current H-1B workers who have been previously counted against the cap and still retain their cap number. Fiscal Year (FY) 2025 Lottery Registration for the H-1B cap lottery for FY 2025 is expected to open in March 2024. The increase in submissions from previous years, especially for workers with multiple registrations, has prompted the agency to express concerns about attempts to manipulate the selection process. If the proposed changes released by USCIS on October 23, 2023, are implemented, there is an anticipation of a more streamlined H-1B process, where registrants will be selected as individuals and not based on the number of registrations. Meanwhile, USCIS has initiated fraud investigations into alleged efforts to manipulate the lottery, which could result in the denial of petitions or referrals to law enforcement. The agency is still accepting petitions for visas exempt from the H-1B cap, such as those for jobs at colleges and universities or research institutions. Santos Lloyd Law Firm will continue to monitor developments and publish updates related to the Fiscal Year 2025 H-1B lottery as they become available. Font: https://www.uscis.gov/newsroom/alerts/uscis-reaches-fiscal-year-2024-h-1b-cap
In March 2023, the U.S. Citizenship & Immigration Services (USCIS) conducted the initial random selection for the fiscal year (FY) 2024 H-1B cap. Only selected registrations were eligible to file H-1B cap-subject petitions during the initial filing period from April 1, 2023, through June 30, 2023. At the end of July 2023, the USCIS provided an update on the H-1B cap selection, stating that additional registrations were required to reach the FY 2024 numerical allocations.
The United States Citizenship and Immigration Services (USCIS) recently posted a notice expressing concerns about possible fraud in the registration process for H-1B visas during the Fiscal Year 2024 H-1B Registration.
On March 27, 2023, the USCIS announced that they had reached the annual limit for the fiscal year 2024 H-1B registrations, having received 780,884 electronic registrations, a significant increase from the previous year's 483,927 registrations, which had also seen a considerable increase from the year before that.
The latest policy alert, PA-2024-05, issued by the U.S. Citizenship and Immigration Services (USCIS) on March 21, 2024, brings revisions to the USCIS Policy Manual, specifically focusing on expediting requests. These updates aim to simplify and elucidate the process for applicants, particularly those facing emergencies or urgent humanitarian needs. The primary goal is to make it easier for applicants to understand how to request expedited processing for their various submissions, including applications, petitions, appeals, or motions, especially in cases concerning government interests or urgent situations. While USCIS has historically permitted immigration benefit seekers to request expedited application processing in specific circumstances, the process has frequently been perceived as unclear, with decisions made arbitrarily on a case-by-case basis. The recent update seeks to rectify this by providing clarity and uniformity to the process and establishing explicit criteria and documentation standards. In order to request expedited processing, applicants need to adhere to a more defined procedure. This involves submitting thorough documentation and illustrating the urgency or government relevance of their case. The recent update also explains how USCIS reviews these requests, offering applicants a better grasp of the process. The update introduces special measures for speeding up the processing of Form I-131 (Application for Travel Document) in emergency situations. This acknowledges the urgent need for certain applicants to travel. The policy also acknowledges that expedited requests may be evaluated if there is evident USCIS error, aiming to uphold fairness and accountability within the processing system. These changes aim to make the expedited request process more transparent and understandable for applicants and their representatives. In summary, USCIS's revision regarding expedited requests signifies a notable advancement in rendering the immigration process more transparent and attentive to applicants' requirements. By comprehending these updated guidelines, applicants and their representatives can more effectively navigate the expedited request procedure, ensuring that urgent cases receive due consideration. If you believe you qualify for expedited processing under the recent USCIS policy updates, feel free to contact our office, and we will be more than happy to assist you. FONT : https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-5
As of April 1, 2024, USCIS has instituted an inflation adjustment to immigration application filing fees . These fee increases apply to a majority of the different application types, including family-based, non-immigrant, and immigrant petitions. As a part of these fee increases, USCIS has also instituted a new program designed to provide funding to the United States’ Asylum Program, in order to better address the massive backlog of pending asylum claims currently waiting to be adjudicated. Unfortunately, these changes have led to confusion among petitioners for when they are required to pay the Asylum Program Fee, and when they may qualify for a 50% or complete exemption from the fee. The Asylum Program Fee is required to be submitted by employers in all I-129 and I-140 petitions filed on or after April 1, 2024. The Asylum Program Fee is $600, however, certain exemptions apply . Small employers , defined as having 25 or fewer total employees, qualify for a reduction of the Asylum Program Fee, but are still required to submit a reduced fee of $300. Individual petitioners, or self-petitions, such as in the case of an EB-2 National Interest Waiver, are considered small employers for the purpose of the Asylum Program Fee and are also required to submit the reduced $300 fee. Non-profit organizations are exempted from the Asylum Program fee and are not required to submit any additional funds with the ordinary I-129 or I-140 filing fee. In addition, non-profits qualify for a 50% reduction of the ordinary filing fee in certain types of applications, bringing the overall filing fee burden down substantially for non-profit organizations. With these changes to USCIS’ filing fee schedule, USCIS is hoping for significant improvements to efficiency and processing for pending asylum applicants. If you or your petitioning organization need any assistance in preparing an application for an immigration benefit, including ensuring proper compliance with the new fee requirements, our office is ready and waiting to help!
Advance parole is a travel document that permits you to travel outside the United States for temporary travel and return to the United States . Applicants for advance parole need to file Form I-131, Application for Travel Document with U.S. Citizenship and Immigration Services (USCIS) and pay the filing fee. When the application is approved, USCIS issues the applicant a Form I-512L, the advance parole document. The document must be presented to immigration officials to seek admission into the United States after traveling abroad. There are several ways a person can qualify for and obtain advance parole. Applicants for adjustment of status, DACA recipients, and individuals who need to travel for urgent humanitarian reasons are three common types of applicants that can apply for advance parole , however there are more. Applicants for adjustment of status can apply for advance parole when they file their green card application or when the green card application is pending. Adjustment of status applicants must obtain advance parole before traveling outside the United States to avoid an issue with the green card application. Obtaining advance parole through an adjustment of status application does not require an emergency or humanitarian purpose for travel. Note, when you file for advance parole through an adjustment of status application the filing fee for Form I-131 is not required. DACA recipients may also apply for advance parole to travel abroad for humanitarian reasons or for employment or educational purposes only. Humanitarian reasons include medical attention or treatment, visiting a sick relative or for a relative’s funeral services. Educational purposes include studying abroad, academic research and more. Employment purposes include work, training, meetings, interviews, and other specific work assignments. Certain individuals may also apply for advance parole due to an urgent humanitarian reason or to further a significant public benefit. To show that the travel is due to humanitarian, education, or employment reasons, the applicant must provide proof of such to USCIS. As mentioned, these are the three most common ways to obtain advance parole, but they are not the only ways. If you have questions about other ways to obtain advance parole, if you think you qualify for advance parole or have questions about your eligibility, please schedule a consultation with one of our experienced attorneys and we will be more than happy to assist you.