On August 5, 2024, USCIS announced the completion of the second random selection from previously submitted registrations for the fiscal year (FY) 2025 H-1B visa numbers. This step was necessary to ensure that enough unique beneficiaries were selected to meet the H-1B visa numbers allocation for the upcoming year.
What You Need to Know
Selection Process
USCIS projections indicated that additional registrations were needed to reach the FY 2025 H-1B visa numbers. The second random selection process aimed to fill this gap. Only petitioners with selected registrations from this round are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration notice.
Eligibility and Filing
Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2025, specifically for the beneficiary mentioned in the selected registration notice. Note that a second selection process for the advanced degree exemption (the master's cap) was not conducted, as sufficient registrations had already been received to meet the numerical allocation for this category.
An H-1B cap-subject petition must be properly filed at the correct filing location or online at my.uscis.gov within the specified filing period indicated on the relevant selection notice. The filing period will be at least 90 days. It is essential to include a copy of the applicable selection notice with the FY 2025 H-1B cap-subject petition.
Eligibility for Petition Approval
Registration selection only pertains to eligibility to file an H-1B cap-subject petition. Petitioners filing such petitions must still establish eligibility for petition approval based on existing statutory and regulatory requirements.
Updated Fees and Forms
On January 31, 2024, USCIS published a final rule that adjusted the fees required for most immigration applications and petitions. These new fees became 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 this edition of the form.
Premium Processing Fee Update
USCIS also 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. This new fee structure became effective on February 26, 2024. If USCIS receives a Form I-907 postmarked on or after February 26, 2024, with the incorrect filing fee, they will reject the form and return the filing fee.
Key Requirements and Recommendations
To ensure a smooth application process, here are some essential points to remember:
Only petitioners with selected registrations may file cap-subject petitions.
Ensure that the Form I-129 is the 04/01/24 edition.
Include the new fees as of April 1, 2024.
Double-check the filing fees for premium processing requests.
Conclusion
The completion of the second random selection for FY 2025 H-1B visa numbers marks a significant step in the H-1B visa process. USCIS has ensured that enough unique beneficiaries have been selected to meet the numerical allocation for the upcoming fiscal year. If you are a petitioner with a selected registration, make sure to follow all guidelines and requirements meticulously to avoid any issues with your petition.
For more information, visit the USCIS H-1B Electronic Registration Process page.