USCIS recently declared that to attain the fiscal year 2025 H-1B regular cap numerical allotment, we would need to choose extra registrations for unique beneficiaries. From the remaining validly filed FY 2025 registrations, our projections show that we have now randomly picked sufficient registrations for unique beneficiaries as required to reach the normal cap. Furthermore, all potential petitioners who have picked registrations from this selection round have been informed that they are qualified to submit an H-1B cap-subject petition on behalf of the beneficiary listed in the relevant selected registration.
H-1B cap-subject petitions for FY 2025 may only be filed by petitioners with selected registrations, and only for the beneficiary specified in the relevant selected registration notice. Since enough master’s cap registrations had previously been chosen and enough petitions had been filed based on these registrations as predicted to meet the master’s cap numerical allotment, we decided not to conduct a second selection for the advanced degree exemption (the master’s cap).
A properly filed H-1B cap-subject petition must be submitted within the relevant filing time specified on the relevant selection notice, either in person at the designated filing location or electronically at my.uscis.gov. The H-1B cap-subject petition must be filed within a minimum of ninety days. The petitioners’ FY 2025 H-1B cap-subject petition must be accompanied by a copy of the relevant selection notice.
The option of registration is limited to one’s eligibility to submit a petition subject to the H-1B cap. Petitioners submitting petitions subject to the H-1B cap still need to demonstrate their eligibility for petition approval in accordance with current legal and regulatory standards.
USCIS released a final rule on January 31, 2024, which changed the fees needed for the majority of immigration petitions and applications. The increased charges will take effect on April 1, 2024. If the increased fees are not included in the petition, it will not be accepted. Furthermore, a new version of Form I-129, Petition for a Nonimmigrant Worker, is available as of 04/01/24. Only the 04/01/24 version of this form will be accepted.
On February 26, 2024, we released the final premium processing fee regulation, which raised the filing fee for Form I-907, Request for Premium Processing Service, to reflect inflation. We shall reject Form I-907 and repay the filing fee if we receive a Form I-907 postmarked on or after February 26, 2024, with the wrong filing fee.
Please contact us directly if you need help sponsoring workers for H1B visas.
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If you have any questions or concerns about the information provided above, please don’t hesitate to contact us.
Sincerely,
Luke Bowman
The Law offices of Luke Bowman