Employment Based

H-1B Registration for FY2025: Now Open

FY2025 H-1B visa registration opened at noon Eastern time on March 6, 2024, and will remain open until noon Eastern on March 22, 2024. A USCIS online account must be used  by potential petitioners and their representatives, if they have one, to complete registration for each potential beneficiary. The related FY2025 H-1B registration fee must also be paid for each beneficiary. The registration fee is still $10 per registrant. The FY2025 H-1B filing fees, however, will change effective April 1, 2024.

According to the Department of Homeland Security’s final rule from February 2, 2024, all FY2025 H-1B registration entrants must submit a valid passport or travel document details when they register. This is required to track each registrant, ensuring they are only entered into the lottery system once per H-1B period.

A passport or travel document that has expired and has not been extended is not acceptable. However, in some rare cases, some passports or travel documents may appear to be expired but are still valid. Passports or travel documents that are extended by decree or are automatically extended by the issuing authority remain valid, even if the date shown on the document has passed.

In these cases, the registrant should enter the date of validity as the extended date, not as the date shown on the passport or travel document, when completing their registration. USCIS will review the information submitted, the copy of the document, and other pertinent information at the time an H-1B petition is filed to ensure the registration is valid.

Between the registration stage and the H-1B petition filing, if a passport or travel document becomes invalid, updated data from the new passport or travel document should be used when filing Form I-129, Petition for Nonimmigrant Worker. Additionally, the petitioner should include documentation for both passports or travel documents used at registration and at filing to support the H-1B petition. An explanation as to why a change in identifying information was required must also be included in the petition filing.

If there’s anything unusual about your passport or travel document, registrants can provide more information as to why it may not be valid. As always it is a good idea to get assistance from a skilled U.S. immigration attorney to increase your chance of a successful outcome.

Starting April 1, 2024, online filing of Form I-129, petition for a Nonimmigrant Worker, for H-1B cap-subject petitions and the related Form I-907, Request for Premium Processing Service, will be accepted online for those selected in the lottery. Details for non-cap H-1B online filing will be announced when available.

If you have questions about any U.S. immigration-related issue, contact us. Our team of experienced attorneys work directly with clients every step of the way.

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