Immigration
United States | Second random selection from previously submitted registrations completed for FY 2025 H-1B regular cap
Summary
U.S. Citizenship and Immigration Services (USCIS) previously announced that they had identified a need to select additional registrations for unique beneficiaries to reach the fiscal year (FY) 2025 regular cap numerical allocation. On August 5, 2024, USCIS announced that a sufficient number of registrations have been randomly selected to reach the regular cap from the remaining properly submitted FY 2025 registrations. All prospective petitioners with selected registrations from this round have been notified.
The Detail
The initial registration period for the fiscal year (FY) 2025 H-1B cap opened on March 6, 2024, and ran through March 25, 2024. During this period, prospective petitioners and their representatives, if applicable, used a USCIS online account to register eligible beneficiaries electronically forthe H-1B Cap Registrations selection process. Only those selected registrations were eligible to file H-1B cap-subject petitions during the filing period between April 1 through June 30, 2024 (July 1, 2024 for paper filings).
On July 30, 2024, USCIS previously announced that they had identified a need to select additional registrations to reach the FY 2025 regular cap numerical allocation. The second round of selections randomly drew from previously submitted electronic submissions and USCIS would notify prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for a named beneficiary.
On August 5, 2024, USCIS announced that a sufficient number of registrations have been randomly selected to reach the regular cap from the remaining properly submitted FY 2025 registrations. USCIS has notified all prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration. Only petitioners with selected registrations may file an H-1B cap-subject petition for FY 2025, and only for the beneficiary named in the applicable selected registration notice.
USCIS did not conduct a second selection for the advanced degree exemption (also known as the Master’s Cap), as the Master’s Cap registration reached its numerical allowance during the initial round. However, this second round of selection for the regular cap included previously submitted registrations that indicated eligibility for the Master’s cap along with those that indicated only eligibility for the regular cap.
Petitioners must include a copy of the applicable selection notice with the FY 2025 H-1B Cap-subject petition. The filing period for these second-round H-1B cap selections will be at least 90 days. All H-1B cap-subject petitions must be properly filed at the correct filing location or online within the filing period indicated on the relevant selection notice.
Impact
USCIS has announced that the filing period for the second-round selection will be at least 90 days. Only those registrations that are selected in the second round are eligible to file their H-1B cap-subject petitions. Those with selected registrations should check their USCIS online accounts to obtain the selection notices for the eligible beneficiaries which provides additional details of when and where to file.
Contact us
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Manish Daftari
Partner
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