The U.S. Citizenship and Immigration Services (USCIS) has announced that the H-1B visa cap for fiscal year 2025 has been reached. This means USCIS received enough registrations during the initial period and has now completed the random selection process. Those selected in the lottery have been notified and can now submit their H-1B petitions. Here’s everything you need to know to navigate this process smoothly.
Checking Your H-1B Selection Status
You can log into your USCIS online account to check your H-1B lottery registration status, which will display one of the following:
- Submitted: Your registration was received and is valid.
- Selected: You have been selected to file an H-1B visa petition.
- Not Selected: You were not chosen this time around.
- Denied-Duplicate Registration: Duplicate submissions from the same employer will render all entries invalid.
- Invalidated-Failed Payment: Your registration was not completed due to payment issues.
- Deleted: The registration was ineligible and has been removed.
- Processing Submission: USCIS is processing the registration, which may take up to 72 hours.
Important Reminders for the Cap Season
H-1B Filing Period
- Start Date: April 1, 2024.
- Duration: USCIS has set a minimum 90-day filing window, encouraging selected registrants to file as soon as possible to avoid delays.
- Important: Only those with a “Selected” status may file H-1B cap-subject petitions.
New Form I-129 Edition Requirement
For applicants filing Form I-129, which petitions for a nonimmigrant worker:
- Effective Date: Beginning April 1, 2024, you must use the new 04/01/24 edition of Form I-129. USCIS will not accept older versions after this date.
- Fee Increase: New Form I-129 fees also take effect on April 1, with a cost of $780 ($460 for small employers and nonprofits).
Supporting Documents Needed
When filing an H-1B cap-subject petition, include:
- Copy of Selection Notice: Attach a copy of the USCIS selection notice.
- Beneficiary’s Passport or Travel Document: Provide a valid passport or travel document that matches the one used for registration.
Filing Methods and Locations
- Online Filing: Available for both Form I-129 and Form I-907 (for premium processing requests).
- Paper-Based Filing: Mail paper submissions to USCIS lockbox locations, as they no longer accept H-1B petitions at service centers. Be sure to use the correct mailing address by consulting the USCIS Form I-129 direct filing addresses page.
USCIS now enforces the April 1 rule with no grace period, meaning that any H-1B petitions mistakenly sent to service centers or that use outdated forms will be rejected.
Final Points to Consider
With the high demand for H-1B visas and limited slots, filing your petition accurately and promptly is essential. Double-check your registration status, use the correct form editions, submit the required documents, and, if filing by mail, confirm the correct lockbox address to avoid delays in processing.
