U.S. Citizenship and Immigration Services (USCIS) announce the receipt of sufficient electronic registrations for unique beneficiaries to reach the FY2025 H-1B cap, including the master’s cap. Further, USCIS selected sufficient unique properly filed registrations to reach the FY2025 H-1B cap. All prospective petitioners for those selected beneficiaries who are eligible to file a FY2025 H-1B cap petition have been notified. The specific number of registrations and selections has not yet been announced.
The online USCIS account will show one of the below statuses for each registration:
- Submitted: An eligible submission has been received. If additional selections are required, this filing remains eligible.
- Selected: This submission has been selected for a FY2025 H-1B cap petition.
- Not Selected: This submission is not eligible to file an H-1B cap petition.
- Denied – duplicate registration: Multiple registrations were submitted for the same registrant. If duplicates are found to be submitted, all submission are marked invalid.
- Invalidated – failed payment: The payment method was either declined, not reconciled, or had some other issue causing the payment to be invalid.
- Deleted: The registration is deleted and is no longer eligible for selection.
- Processing Submission: The submission is being processed and may take up to 72 hours for case information to appear. While processing, drafts cannot be accessed.
FY2025 H-1B Cap Petitions Filings
All selected FY2025 H-1B cap petitions can be filed as of April 1, 2024. This includes master’s cap selections. Remember, only petitioners who have a selected beneficiary are eligible to file a petition. Petitions can be filed online through the organizational account. If filing by paper, new filing locations are in effect, moving to lockbox locations, both within the filing period. More information about the specific requirements of each of these elements is below.
Copies of the selection notice must be included with FY2025 H-1B cap filings. In addition, proof of the beneficiary’s valid passport or travel document used when registering must be included in the petition. This is used to confirm the identity of the beneficiary.
Updated Fees and Forms
Petitions postmarked April 1, 2024, or after must include the updated fees as published by USCIS on January 31, 2024. If the new fees are not included, the petition will not be accepted. The Form I-129, Petition for Nonimmigrant Worker, has a new edition date of 04/01/24 which must be used for FY2025 H-1B cap petitions. There is no grace period for the form change.
Form I-129 with 05/31/23 edition date will be accepted if postmarked prior to April 1, 2024. If postmarked April 1, 2024, or after, the form will not be accepted. Only the 04/01/24 edition will be accepted if postmarked April 1, 2024, or later. Again, there is no grace period. The postmark date will be used to determine which form and fees are correct. The received date will be used to determine any regulatory or statutory filing deadlines.
Similarly, for Form I-907, Request for Premium Processing Service, updated fees were announced on February 26, 2024. For all receipts postmarked February 26, 2024, or after, the updated fee is required. If the incorrect fee is received, the form will be rejected, and the fee returned. If sent via commercial carrier like DHS, UPS, etc., the postmark date is considered the courier receipt date.
Organizational Accounts and Online Filing
As a reminder, form I-129 and related Form I-907 for cap and non-cap H-1B petitions can be filed online via the Organizational Account. Starting April 1, 2024, H-1B cap petitions will be accepted online for selected registrants. As of March 25, 2024, H-1B non-cap petitions can be filed online, including Form I-129 and related Form I-907.
Paper filing of Form I-129 and related Form I-907 continues to be an option, via lockbox. Paper filings are not eligible for tracking via the organizational accounts.
Filing Location Change to Lockbox
Effective April 1, 2024, H-1B, H-1B1 (HSC) Form I-129 petitions are no longer eligible for submission via USCIS service centers. All paper-based filings for these petitions must be filed at the correct USCIS lockbox location. This includes cap, non-cap, and cap-exempt H-1B filings. Petitions submitted to USCIS service centers after April 1, 2024, will be rejected. No grace period is offered. Specific mailing locations are required for FY2025 H-1B cap filings. Be sure to check for the correct address for your filing to avoid potentially lengthy delays.
Pre-paid Mailers
With the move of paper-based filings to lockbox locations, prepaid mailer service is no longer offered. All notices will be sent via first-class mail. This process is fully automated by USCIS. If filed online, an email or text message will be sent to their online account when a case status change occurs, followed by a paper mail notice.
Delays to Receipt Notice
A Form I-797, Notice of Action, will be sent to the petition and if applicable, the petitioner’s legal representative, when a timely and properly filed H-1B cap petition is received. However, due to the typically higher volumes of filings for H-1B cap, sending the Form may be delayed for some paper filed submissions. If a delivery service sends a confirmation of delivery but a Form I-797 is not received, do not submit a second petition. If duplicate submissions are received for the same beneficiary, both may be denied or revoked. If more than 30 days has passed since the date of delivery confirmation and a Form I-797 is not received, contact the USCIS Contact Center. If the delivery service suggests a delay or damage to the submission, follow the Delivery Service Error Guidance.
As always, if you have questions about the FY2025 H-1B cap or non-cap selection process or next steps if not selected, contact us. Our team of experienced attorneys work with each client in their unique situation every step of the way to optimize a successful outcome. If not selected, there may be other options.