The FY2025 H-1B cap season announcement from USCIS provides an overview to the registration process, including dates and fees, including the upcoming availability for online filing for Form I-129, Petition for Nonimmigrant Worker, and Form I-907, Request for Premium Processing Services, for H-1B petitioners. Some new requirements are critical.
H-1B Registration
The FY 2025 H-1B cap registration process period opens at noon Eastern Time on March 6, 2024, and continues through noon Eastern on March 22, 2024. Individuals must possess a valid passport or travel document at the time of registration. The passport or travel document number will be used to identify each individual. The same method must be used when entering the United States, if selected. Each individual must be registered one time only under their one passport or travel document.
- Beneficiaries will be selected during the lottery process, not employers. This creates an even chance for each beneficiary to be selected as each person can enter the lottery only once.
- There is start date flexibility for some H-1B cap-subject petitions with start dates after October 1.
- Additional focus on ensuring the integrity of registrations, giving USCIS the ability to deny or revoke approval of an H-1B petition where payment is not complete.
H-1B Fees
The Fee schedule final rule, published on January 30, 2024, will go into effect on April 1, 2024, after the initial registration period for the FY2025 H-1B cap registration. As such, the fee to register remains at $10 per person.
A new version of Form I-129 and the H-1B Registration final rule and final Fee Schedule will be available on the USCIS website with an edition date of April 1, 2024. As of that date, solely that version of I-129 will be accepted.
Online Filing
The new organizational accounts will be available on February 28, 2024. These accounts allow for multiple people within an organization and their legal representatives to work together to prepare H-1B registrations, petitions, and any related Form I-907. The organizational accounts are required for those submitting their own registrations, including U.S. employers. Those with a previous registrant account will be able to easily upgrade to an organizational account and are not required to create a new account.
Representatives can add clients to their accounts at any time. However, both the registrants and the representatives must wait until March 6, 2024, to add beneficiary information and submit the $10 registration fee.
USCIS will introduce the online filing of Form I-129 and related Form I-907 for non-cap H-1B petitions on February 28, 2024. USCIS will begin accepting online filing of Form I-129 for H-1B cap petitions and related Forms I-907 for those selected from the lottery on April 1, 2024.
If sufficient projected unique beneficiary registrations are received to reach the H-1B numerical allocation by March 22, 2024, USCIS will select beneficiaries at random. Those individuals will be notified via their USCIS online account. If an insufficient projected amount of registrations are entered to reach the numerical cap, all properly registered individuals will be selected. USCIS is targeting March 31, 2024, as the date to notify account holders and upload selection notifications.
The paper filing location for Forms I-129 for H-1B classification and related Forms I-907 will be transitioned to a USCIS lockbox. The new filing address will be announced in March 2024.
The filing fee for Form I-907 will be increased to adjust for inflation, effective February 26, 2024. If USCIS received Form I-907 with a postmark date on or after February 26, 2024, with an incorrect filing fee, the submission will be rejected and the fee returned. If submitting filings by commercial carrier, including UPS, FedEx, etc., the postmark date used will be the courier receipt.
As always, if you have questions about the FY2025 H-1B cap and non-cap process, please contact us. Our team of experienced and highly successful attorneys work directly with clients to ensure they remain in compliance at all times, maximizing the odds of a successful outcome.