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.
Trends and Data
H-1B Visa Trends Over the Years
The H-1B visa program has seen significant fluctuations in demand, approvals, and denials over the years. Historically, the program has been a crucial pathway for skilled foreign workers to enter the U.S. labor market, particularly in technology, healthcare, and engineering sectors.
- Demand and Approvals: In recent years, demand for H-1B visas has remained high. For fiscal year (FY) 2025, USCIS received approximately 470,342 registrations, a notable decrease of 38.6% from the previous year’s record of 758,994 registrations for FY 2024. Despite this drop, USCIS selected 114,017 beneficiaries in the initial lottery round, with an additional selection later bringing the total to 120,603 selected registrations.
- Denials: The approval rates for H-1B applications have varied based on policy changes and scrutiny levels. In FY 2025, about 26% of registrants were selected to meet the annual cap of 85,000 visas (65,000 regular cap and 20,000 for advanced degree holders). The overall selection rate remains comparable to prior years but reflects a more cautious approach due to heightened anti-fraud measures.
FY 2025 Registration and Lottery Numbers
The registration period for FY 2025 opened on March 6, 2024, and closed on March 25, 2024. The numbers indicate a shift in how employers are approaching H-1B sponsorship:
- Unique Beneficiaries: Approximately 442,000 unique beneficiaries were registered for FY 2025, which is similar to the previous fiscal year.
- Unique Employers: The number of unique employers submitting registrations was about 52,700, slightly higher than the previous year.
This data suggests that while the overall number of applications has decreased significantly due to stricter regulations and anti-fraud measures, the interest in H-1B sponsorship remains robust among employers.
Top Occupations and Industries for H-1B Approvals
Certain occupations continue to dominate H-1B approvals:
- Technology Sector: Roles such as software developers, systems analysts, and IT project managers consistently rank among the top positions approved under the H-1B program.
- Healthcare: Medical professionals including physicians and nurses also see substantial approval rates due to ongoing demand in the healthcare industry.
- Engineering: Various engineering disciplines—particularly electrical and mechanical engineering—remain popular among H-1B applicants.
These insights can guide potential applicants in selecting fields with higher chances of approval when applying for an H-1B visa.
Alternatives and Backup Plans
What If You’re Not Selected in the Lottery?
If you are not selected in the H-1B lottery, there are several alternatives to consider:
- L-1 Visa: This visa is designed for intra-company transferees who work for multinational companies. If you are currently employed by a company with offices in both your home country and the U.S., this may be a viable option.
- O-1 Visa: For individuals with extraordinary ability or achievement in their field (arts, sciences, business), the O-1 visa can be an excellent alternative if you meet the criteria.
- OPT Extensions: If you are an international student on an F-1 visa who has completed your degree, you may be eligible for Optional Practical Training (OPT) extensions that allow you to work in your field of study for up to three years.
Cap-Exempt Employers and Opportunities
Working for cap-exempt employers can provide additional opportunities:
- Non-Profit Organizations: Many non-profits are exempt from the H-1B cap and can sponsor visas without being subject to annual limits.
- Research Institutions: Universities and research organizations often have cap-exempt status and can provide valuable employment opportunities.
- Government Research Organizations: Positions with government entities or affiliated research institutions may also be exempt from cap restrictions.
Options for Staying in the U.S. Legally
To maintain legal status while exploring other options:
- Change of Status: Consider applying for a change of status to another visa category if eligible (e.g., student or tourist visa).
- Consult an Immigration Attorney: Engaging with an immigration attorney can provide personalized guidance based on your circumstances and help identify potential pathways to remain in the U.S.
Employer’s Perspective
H-1B Sponsorship Costs and Requirements
Employers must understand both the costs and requirements associated with sponsoring H-1B workers:
- Costs: Employers typically incur various costs including filing fees (which can exceed $2,500), legal fees if they hire an attorney to assist with applications, and costs associated with compliance obligations.
- Requirements: Employers must demonstrate that they will pay at least the prevailing wage for the position being offered to ensure they comply with labor regulations.
Compliance Obligations for Employers
Maintaining compliance is critical:
- Record Keeping: Employers must keep detailed records of employment terms and conditions as well as any changes made during employment.
- Site Visits: USCIS may conduct site visits to verify employment conditions; thus, maintaining accurate records is essential.
Tips for Employers Filing Petitions
To improve chances of successful petitions:
- Thorough Documentation: Ensure all documentation is complete and accurately reflects job descriptions and qualifications required for positions.
- Timely Submission: Submit petitions as early as possible within the registration window to avoid missing deadlines.
- Stay Informed About Policy Changes: Regularly review updates from USCIS regarding changes in policies or procedures that could affect H-1B sponsorship processes.
How Law and Visas Can Help?
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