Key Takeaways:
- USCIS completed H-1B selection for FY 2025, USCIS status updates online, registrations remain pending for additional selections.
Selected candidates file from April 1, 2024, with new fees and form editions required, providing essential documentation is crucial.
Transition to online filing, use organizational accounts, file correctly at designated locations, handling receipt notice delays advised.
Everything You Need to Know About the FY 2025 H-1B Cap Initial Registration Selection Process
Understanding the H-1B Initial Electronic Registration Selection Process
The U.S. Citizenship and Immigration Services (USCIS) recently announced the completion of the H-1B Initial Electronic Registration Selection process for the fiscal year (FY) 2025. The process involved a random selection of enough properly submitted registrations for unique beneficiaries to meet the H-1B numerical allocations, including the advanced degree exemption known as the master’s cap.
If you were among those who registered, your online account will now display one of various statuses per registration, delineating whether a beneficiary has been selected, remains submitted, or not selected, among other designations. For those still hoping, registrations labeled as “Submitted” remain in the pool for any subsequent selection processes for FY 2025.
Registrants who have submitted their registrations for an H-1B cap petition will observe varying statuses for each registration (i.e., for each beneficiary registered) in their online accounts. These statuses are crucial in understanding the state of a registration at any given time. Here is a structured overview of what each status signifies:
- Submitted: Indicates that the registration has been successfully submitted and meets the criteria for selection. If the initial selection process is complete but the registration has not been selected, it remains in contention for any future selection processes within the same fiscal year, provided it has not been invalidated for any reason.
- Selected: This status means the registration has been chosen for an H-1B cap petition filing. Beneficiaries under the “Selected” status are eligible to proceed with the next steps in the H-1B visa process.
- Not Selected: Shows that the registration in question will not proceed to the H-1B cap petition filing stage based on the current selection. This status effectively means the registration will not be considered further for the fiscal year it was submitted.
- Denied – Duplicate Registration: This status is applied to all registrations submitted by the same registrant for the same beneficiary within the same fiscal year when multiple registrations are detected. Duplicate registrations lead to a denial status, rendering all related submissions invalid for the fiscal year.
- Invalidated – Failed Payment: Indicates a failure in the registration’s payment process. This may be due to declined payment methods, unresolved payment issues, or other invalidations concerning the payment. Registrations with this status are ineligible for selection.
- Deleted: Signifies that a registration has been voluntarily removed from consideration and is no longer eligible for selection in the H-1B cap process.
- Processing Submission: This is a temporary status indicating that the U.S. Citizenship and Immigration Services (USCIS) is in the midst of processing the registration. It might take up to 72 hours for complete case details to be displayed. During this period, access to draft registrations might be restricted, implying registrants cannot make changes or view full details until processing is concluded.
Understanding these statuses is vital for registrants to track the progression of their H-1B cap petitions and take necessary actions when required.
| Status | Description |
|---|---|
| Submitted | The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in the fiscal year. |
| Selected | Selected to file an H-1B cap petition. |
| Not Selected | Not eligible to file an H-1B cap petition based on this registration. |
| Denied – duplicate registration | Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. All registrations for this beneficiary for the fiscal year are invalid if denied as a duplicate. |
| Invalidated – failed payment | A registration was submitted but the payment method was declined, not reconciled, or otherwise invalid. |
| Deleted | The submitted registration has been deleted and is no longer eligible for selection. |
| Processing submission | USCIS is processing your submission. It may take up to 72 hours for all of your case information to show on the case details page. Access to your draft is unavailable while processing. |
How to Proceed if Selected for the H-1B Cap
Filing H-1B cap-subject petitions can begin on April 1, 2024, for selected beneficiaries. It’s crucial to remember that only those with selected registrations can file, and the petition must be properly filed at the correct location, incorporating the advanced degree exemption if applicable. A critical incorporation into your filing is a copy of the selection notice along with evidence of the beneficiary’s valid passport or travel document used at registration.
Filing of FY 2025 H-1B Cap Petitions Starting April 1, 2024
Petitioners can commence the submission of H-1B cap-subject petitions for the Fiscal Year (FY) 2025, including those petitions that are eligible for the advanced degree exemption, to the U.S. Citizenship and Immigration Services (USCIS) starting from April 1, 2024. However, it’s crucial to note that only petitions for beneficiaries who have been selected through the H-1B registration process and are based on valid registrations will be accepted.
Eligibility for Filing H-1B Cap-Subject Petitions for FY 2025:
- Selection Requirement: The opportunity to file an H-1B cap-subject petition is exclusively available to petitioners who have selected beneficiaries based on the H-1B registration process.
- Filing Location and Method: Petitioners must ensure that the H-1B cap-subject petition is filed correctly at the designated filing location mentioned in the H-1B Form I-129 Filing Location Change to Lockbox section or through the online portal at my.uscis.gov, adhering to the instructions provided.
- Filing Period: A minimum filing period of 90 days will be allocated for submitting the H-1B cap-subject petitions. The specific period within which petitioners must file will be indicated on the selection notice relevant to their case.
- Required Documentation:
- A copy of the selection notice for FY 2025 H-1B cap-subject petition must be included in the filing packet.
- Evidence of the beneficiary’s valid passport or travel document used during the registration phase to confirm the beneficiary’s identity must be submitted.
- Evidence of Eligibility: Beyond the registration and selection, petitioners are required to furnish evidence or otherwise solidly confirm the eligibility of the beneficiary for the H-1B petition approval. This requirement underscores that the registration and selection process serves primarily as a preliminary step to determine eligibility for filing the H-1B petition itself.
Petitioners are reminded to adhere strictly to the stipulated rules and submission guidelines to ensure their H-1B cap-subject petitions are considered valid and processed accordingly for the fiscal year 2025. This includes careful attention to the documentation, filing location, and timing of the submission within the designated filing period.
Important Changes to Fees and Form Editions
Starting April 1, 2024, new fees, as outlined in a final rule published by USCIS on January 31, 2024, take effect. It’s essential to ensure your petition is accompanied by these updated fees to avoid rejection. Concurrently, a new 04/01/24 edition of Form I-129, Petition for a Nonimmigrant Worker, will be required for submissions postmarked on or after April 1, 2024.
Important Changes to Fees and Editions for Form I-129: What Petitioners Need to Know
The U.S. Citizenship and Immigration Services (USCIS) has announced pivotal changes affecting fees for most immigration applications and petitions, including the Form I-129, Petition for a Nonimmigrant Worker. These changes are a result of a final rule published on January 31, 2024, and entail adjustments in the fee structure as well as the introduction of a new form edition. Here’s a structured summary of the key points:
New Fees and Form I-129 Edition
- Effective Date: The revised fees, along with a new edition of Form I-129, will become effective on April 1, 2024.
- Mandatory New Fees: Petitions postmarked on or after April 1, 2024, must accompany the new fees. Submissions not adhering to this requirement will be rejected.
- Form I-129, April 1, 2024 Edition: Starting from April 1, 2024, USCIS will mandate the use of the newly updated Form I-129 edition dated April 1, 2024. This update is crucial as it aligns with the new fee calculation requirements, leaving no grace period for petitioners to submit previous editions with the old fee structure.
Guidelines for Submitting Form I-129
- Before April 1, 2024: USCIS will accept submissions of Form I-129 with the edition date of May 31, 2023, provided they are postmarked before April 1, 2024.
- On/After April 1, 2024:
- The May 31, 2023, edition of Form I-129 will not be accepted if postmarked on or after April 1, 2024.
- Only the April 1, 2024, edition of Form I-129 will be accepted if postmarked from this date forward.
- Determining Form and Fees Validity: The postmark date of submissions will be used to determine the validity of the form version and the accompanying fees. However, for regulatory or statutory filing deadline purposes, USCIS will consider the date the agency receives the form.
Update on Form I-907 Premium Processing Fee
- Fee Increase Effective Date: A final rule has been announced, effective February 26, 2024, adjusting the filing fee for Form I-907, Request for Premium Processing Service, to address inflation concerns.
- Incorrect Fee Submissions: Submissions of Form I-907 postmarked on or after February 26, 2024, that do not include the corrected filing fee will be outright rejected and returned to the sender.
- Commercial Courier Submissions: For petitions sent via commercial courier services (e.g., UPS, FedEx, DHL), the postmark date is determined by the date indicated on the courier’s receipt.
Petitioners are urged to take careful note of these changes to ensure smooth processing of their immigration applications and petitions. Adhering to the new fee structure and form edition requirements is necessary to avoid rejections.
Transitioning to Online Filing and Organizational Accounts
In an effort to streamline the process, USCIS introduced online organizational accounts on February 28, 2024. These accounts allow multiple users within an organization to work on H-1B registrations and petitions collaboratively. Additionally, the option for online filing of Form I-129 and associated Form I-907 for non-cap H-1B petitions was made available on March 25. Notably, online filing for H-1B cap petitions and associated Forms I-907 will commence on April 1 for those with selected registrations.
Key Changes in Filing Locations and the Elimination of Prepaid Mailers
A significant shift comes with the processing of paper-based H-1B and H-1B1 (HSC) Form I-129 petitions. Effective April 1, 2024, these are to be filed at designated USCIS lockbox locations rather than directly with service centers. Avoid filing at incorrect locations to prevent rejection and loss of your filing date. In tandem with these location changes, as of March 25, 2024, USCIS has ceased using prepaid mailers for any communications regarding H-1B or H-1B1 (HSC) petitions.
Handling Receipt Notice Delays
With the influx of filings during the H-1B cap seasons, receipt notices might face delays. If you have confirmation of delivery but have yet to receive a Form I-797, Notice of Action, refrain from submitting a second petition. Doing so could result in having multiple petitions rejected or revoked for the same beneficiary. If over 30 days have passed without receipt of a Form I-797, reaching out to the USCIS Contact Center is advisable.
For comprehensive guidance on each step of this intricate process, the H-1B Electronic Registration Process page on the official USCIS website serves as a vital resource. Click here for in-depth information and updates.
Wrapping Up
Navigating the FY 2025 H-1B cap selection and USCIS registration process involves a complex set of steps, from understanding your online registration status to adapting to new fees, form editions, and more. Being well-prepared and keeping abreast of the latest updates from USCIS will be key to smoothly managing your or your beneficiary’s H-1B petition this cap season. Remember, each step taken correctly is a stride closer to achieving your H-1B visa aspirations.
This Article In A Nutshell:
The H-1B FY 2025 Initial Registration Selection process is vital. USCIS completed random beneficiary selections for the new fiscal year. Check your online status for selection updates. Prepare to file, incorporating new fees and forms. Online filing and organizational accounts streamline the process. Adhere to correct filing locations to avoid rejections.
— By VisaVerge.com
