FY 2025 H-1B Registration Period Closed and I-129 Filing Location Change

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Key Takeaways:

FY 2025 H-1B cap season updates include changes in filing locations, fees, form versions, and online filing options.
USCIS selects H-1B beneficiaries after registration closes. No more pre-paid mailers; focus on online filing and fee updates.
Compliance with new filing locations, fee structure, updated forms, and online options is essential for successful H-1B petitions.

Understanding the FY 2025 H-1B Cap Season Updates and Reminders

The H-1B visa program remains a vital pathway for skilled workers seeking to work in the United States. As the H-1B initial registration period for the fiscal year 2025 (FY 2025) closed on March 25, 2024, it’s crucial for prospective employers and beneficiaries to stay informed on the latest updates. Here’s what you need to know about the H-1B registration, Form I-129 filing changes, new fees, form editions, and the move towards online filing.

FY 2025 H-1B Registration Period Closed and I-129 Filing Location Change

What Happens After the H-1B Registration Period Closes?

After the registration window shuts, which for FY 2025 was at noon Eastern on March 25, the U.S. Citizenship and Immigration Services (USCIS) undergoes a selection process. They randomly pick sufficient unique beneficiaries from the properly submitted registrations to meet the annual H-1B numerical allocations. This includes both the general cap and the advanced degree exemption, often referred to as the master’s cap.

Key Update: Filing Location Change for Form I-129

Starting from April 1, 2024, there’s a crucial change for petitioners. Form I-129, which is used for H-1B and H-1B1 (HSC) petitions, will no longer be accepted at USCIS service centers. Instead, all paper-based filings for these classifications must be directed to designated USCIS lockbox locations. This encompasses all types of H-1B filings, including cap-subject, non-cap, and cap-exempt petitions.

Petitions sent to a service center on or after April 1, 2024, will be outright rejected with no grace period offered. To avoid this, determine the correct mailing address on the USCIS Form I-129 Direct Filing Addresses page.

New Fees and Form Versions Coming Into Effect

A significant update that comes into effect on April 1, 2024, is the fee adjustment for most immigration applications and petitions, including those for the H-1B program. Any petitions postmarked on or after this date must include these new fees, failing which they will not be accepted.

Simultaneously, a new edition of Form I-129, dated April 1, 2024, will replace the previous version. There will be no leniency period for using the old form post-April 1, as the new version will also incorporate the updated fee structure.

Navigating Online Filing and Organizational Accounts

In a move towards digitizing the process, USCIS launched new online organizational accounts on February 28, 2024. These accounts enable organizations and their legal representatives to collaboratively prepare H-1B registrations, petitions, and associated forms like Form I-907. Detailed information on this can be accessed on the USCIS Organizational Accounts Frequently Asked Questions page.

Moreover, starting from March 25, 2024, USCIS began accepting online filings for non-cap H-1B petitions, and from April 1, online filings for H-1B cap petitions and associated Forms I-907 will be accepted for those with selected registrations. Petitioners still retain the option to file paper-based petitions if they prefer.

Elimination of Pre-paid Mailers

As of March 25, 2024, USCIS no longer uses prepaid mailers for sending out communications or final notices for H-1B or H-1B1 (HSC) petitions. With the intake shifting to the lockbox or online, the use of any prepaid mailers for these filings ceases. The process for mailing H-1B petition approval notices is fully automated and done by first-class mail. Those with accounts on MyUSCIS will also receive email or text notifications upon case status changes, followed by a paper notice by mail.

What Do These Changes Mean for Petitioners and Beneficiaries?

These updates signify USCIS’s ongoing efforts to streamline and modernize the H-1B visa processing system. With the significant shift towards online filings and the meticulous adjustments in filing locations and fees, it’s paramount for employers and beneficiaries to stay informed and compliant to ensure a smooth application process.

For employers or legal representatives preparing for future H-1B filings, adhering to the new regulations, using the correct forms, paying the updated fees, and considering the option of online filing are key steps towards a successful petition. Beneficiaries should collaborate closely with their potential employers or legal counsel to ensure all aspects of the H-1B petition are meticulously managed.

Navigating the H-1B visa pathway can be intricate. Staying updated on the latest changes, deadlines, and requirements is crucial for a successful application. Remember, consulting with a qualified immigration attorney or accredited representative can provide tailored advice and assistance suited to your specific circumstances.

This Article In A Nutshell:

The FY 2025 H-1B Cap Season brings crucial changes like online filings, fee adjustments, and Form I-129 updates. USCIS is modernizing the process, mandating online filings, and altering form submission locations. Understanding these alterations is vital. Stay informed, use the correct forms, pay updated fees, and consider online filing for smooth processing.