H-1B cap initial registration results for FY 2025

American agency USCIS has recently completed its initial electronic registration selection process, and this year, the electronic registration reached the fiscal year (FY) 2025 H-1B numerical allocations (H-1B cap. They have precisely selected the proper candidate who submitted the Visa requirements for unique beneficiaries to reach the H-1B cap and have notified all prospective petitioners with beneficiaries chosen that they are eligible to file an H-1B cap-subject petition for those beneficiaries. Once selected, petitioners can file an H-1B cap-subject petition for those beneficiaries.

The following points will provide insight into the registrants' online accounts and the status of each beneficiary registered:

• Submitted:  once a registration has been submitted, it is considered for selection. Suppose the initial selection process is finished and the registration is not invalidated. In that case, it remains eligible for potential selection in any further selections during 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: If multiple registrations were submitted by the same person or on their behalf for the same beneficiary, and these registrations are identified as duplicates, then all registrations submitted by that person for that beneficiary for the fiscal year will be considered invalid.

• Invalidated – failed payment: The registration was submitted, but the payment method was not accepted, unresolved, or deemed invalid.

• Deleted: The registration submitted by the beneficiary has been deleted, and the person is no longer eligible for selection

• Processing submission: The U.S. Citizenship & Immigration Services (USCIS) is processing your submission. It will take 72 hours to appear on the case details page. While in process, registrants are unable to access their draft.

FY 2025 H-1B Cap Petitions May Be Filed Starting April 1

The H-1B visa program allows U.S. employers to temporarily employ foreign workers in specialty occupations that require theoretical or technical expertise. The H-1B cap is set at 65,000 visas per fiscal year, with an additional 20,000 visas for beneficiaries with a U.S. master's degree or higher.

The filing period for FY 2025 H-1B cap petitions begins on April 1, 2024. Employers can file H-1B cap petitions for selected beneficiaries during this period, which can last up to 90 days. Selected beneficiaries will have been notified through their registrants' online accounts, which will show a "Selected" status.

To file an H-1B cap petition, employers must use the new 04/01/24 edition of Form I-129 and include a copy of the selection notice and the beneficiary's valid passport or travel document used during registration. Online filing is now available for Form I-129 and Form I-907, while paper-based filing should be sent to USCIS lockbox locations, not USCIS service centers.

It is important to note that multiple registrations submitted for the same beneficiary by the same employer will be deemed invalid, and all registrations for that specific beneficiary will be invalidated.

 Additionally, if a registration payment didn't go through, the registration will be invalidated and marked as "Invalidated-Failed Payment."Employers and their prospective employees are encouraged to file as soon as possible during the filing period to avoid delays. Only selected registrants may file H-1B cap-subject petitions for FY 2025.

New Fees and Form Edition

USCIS has announced a new final rule that adjusts the fees required for most immigration applications and petitions, effective April 1, 2024. The new fees will apply to petitions postmarked on or after this date, and there will be no grace period for the new edition of Form I-129, Petition for a Nonimmigrant Worker, which must include the new fee calculation. The new rule includes a 50% fee reduction for naturalization applications for individuals with household incomes between 150% and 400% of the Federal Poverty Guidelines and a $50 discount for online filers. The new fees will help USCIS recover a significant share of its operating costs and support more timely processing of new applications.

What to Know About Sending Us Your Form I-129.

According to the USCIS:

• We will accept the 05/31/23 edition of this form if it is postmarked before April 1, 2024;

• We will not accept the 05/31/23 edition of this form if it is postmarked on or after April 1, 2024, and

• We will only accept the 04/01/24 edition of this form if it is postmarked on or after April 1, 2024.

The postmark date on a filing will determine the correct form version and fees, while the received date will be used for any legal or deadline requirements.

Online Filing and Organizational Accounts

On February 28, 2024, USCIS launched new online organizational accounts, allowing multiple individuals and their legal representatives to collaborate on and prepare H-1B registrations, H-1B petitions, and associated Form I-907 premium processing requests. This new feature is designed to streamline the filing process and reduce errors, making it easier for employers and legal representatives to work together on H-1B petitions. The agency will also host national engagements and sessions to guide organizations and legal representatives through the process, ensuring a smooth transition to the new organizational accounts and online filing system for H-1B petitions.

They have also launched online filing of Form I-129 and associated Form I-907 for non-cap H-1B petitions on March 25. From April 1, they begin accepting online filing for H-1B cap petitions and associated Forms I-907 for petitioners whose registrations have been selected.

During the initial introduction of organizational accounts, individuals can submit a paper Form I-129 H-1B petition and any related Form I-907. However, it is essential to note that users need help connecting paper-filed Forms I-129 and I-907 to their online accounts at this initial stage.

H-1B Form I-129 Filing Location Change to Lockbox

From April 1, 2024, H-1B and H-1B1 (HSC) Form I-129 petitions can no longer be filed directly in USCIS service centers. Every process has become paper-based. All H-1B and H-1B1 (HSC) Form I-129 petitions, including cap, non-cap, and cap-exempt H-1B filings, are now filed at USCIS lockbox locations.

Moreover, it is crucial to note that H-1B or H-1B1 (HSC) petitions will be rejected if submitted 

on or after April 1, 2024. Paramount: No grace time.

If the petition is not filed at the right location, it may be rejected but can be refiled at the correct location or online.

No More Prepaid Mailers

As of March 25, 2024, USCIS no longer uses prepaid mailers to communicate or send final notices for H-1B or H-1B1 (HSC) petitions. 

This change is part of a broader effort to modernize the H-1B filing process, including introducing new online organizational accounts to collaborate on and prepare H-1B registrations, petitions, and associated Form I-907. Starting April 1, 2024, all paper-based H-1B and H-1B1 (HSC) Form I-129 petitions must be filed at USCIS lockbox locations and not directly with the USCIS service centers. 

Petitioners are advised to file their petitions promptly and include all required documentation, as failure to do so may result in delays or denials.

Receipt Notice Delays

Due to an increase in the number of applications, the U.S. Citizenship and Immigration Services (USCIS) has experienced delays in processing fee payments and entering cases into their tracking system. As a result, applicants may experience delays in receiving receipt notices, which may take up to 15 weeks instead of the typical 2 weeks. This receipt delay affects the entry of case information into the USCIS case management system and the deposit of application fees. USCIS is working to address the issue and prioritizes the Application to Adjust Status (I-485) to ensure that applications for Employment Authorization Documents (EADs) are processed within 90 days of filing. The agency has also detailed government staff to centers affected by the large influx of cases and realigned resources to meet the 90-day deadline for processing EADs.

Additionally, USCIS has developed a webpage to address receipt delay concerns and provides general information about application types. Applicants can also contact the National Customer Service Center for assistance. The delay in receipt notices may affect an individual's ability to travel if they leave the country before the completion of the receipting process and need the appropriate travel documents.