Featured Issues

Featured Issue: FY2025 H-1B Cap Season

6/20/24 AILA Doc. No. 24020201. Business Immigration, H-1B & H-1B1 Specialty Occupation
Get the Recording of the Recent Business Section Call
Get the Recording of the Recent Business Section Call
Listen to the free recording of the January 2024 Business Section call to hear the latest on the new H-1B modernization act and developments, as well as the new stateside H-1B visa processing pilot program that went into effect in January 2024.

On January 30, 2024, USCIS announced a series of changes that will impact the FY2025 H-1B registration system and cap filing season. AILA will share a more detailed breakdown of the following changes in the coming days.

  • H-1B Registration Final Rule
    • DHS posted an advance copy of the final rule revising the H-1B Registration System and it is set to be published on February 2, 2024.
  • USCIS published the revised Fee Schedule final rule, which will go into effect on April 1, 2024. All H-1B petitions postmarked on or after April 1, 2024, will be required to pay the following new fees:
    • Form I-129
      • $780 for employers with 26 or more Full-Time Employees (FTEs)
      • $460 for small employers (25 or fewer FTEs) and nonprofit entities
    • Asylum Program Fee – This is a new fee that will be assessed on all Form I-129 and I-140 petitions to help cover the costs of asylum adjudications. This fee should also help free up SCOPS and FOD resources that have been diverted from EB adjudications to asylum adjudications.
      • $600 for employers with 26 or more Full-Time Employees (FTEs)
      • $300 for small employers (25 FTEs or less)
      • $0 for nonprofit organizations
  • The FY2025 Initial H-1B registration period will run from 12 noon (ET) on March 6, 2024, through 12 noon (ET) on March 22, 2024.
    • Registrants may begin creating or upgrading to the new organizational accounts as of 12 noon ET on February 28, 2024.
  • Online filing for organizational accounts will launch on February 28, 2024, for non-cap H-1B petitions.
    • Organizational accounts will replace registrant accounts and will be required during the registration period.
    • Accounts may begin to be created, or updated as appropriate, but must wait until March 6 to enter beneficiary information.
    • H-1B cap subject online filing will open on April 1, 2024.

Important Reminders

USCIS will transition the paper filing locations for Form I-129 and Form I-907, associated with the H-1B classification, from the service centers to the USCIS lockbox. New filing addresses will be announced in March. However, AILA encourages members to always check filing locations for specific forms prior to filing.

Additionally, USCIS announced a final rule adjusting the premium processing fees, which will increase filing fees for Form I-907, effective February 26, 2024. Note: the Adjustment to Premium Process Fees final rule, published on December 28, 2023, differs from the Fee Schedule final rule, published on January 1, 2024. For Form I-129, the new premium processing fee is $2,805. Any form received by USCIS with a postmark on or after February 26, 2024, with incorrect filing fees, will be rejected. For commercial couriers, the postmark date is recognized as the date on the courier receipt.

On February 28, USCIS provided the following information:

On Feb. 28, 2024, we launched new myUSCIS organizational accounts that will allow multiple people within an organization, as well as their legal representatives, to collaborate on and prepare H-1B registrations, H-1B petitions, and any associated Form I-907, Request for Premium Processing Service. A new organizational account is required to participate in the H-1B Electronic Registration Process starting in March 2024.

We are working expeditiously to address any technical issues that may arise for legal representatives whose accounts migrated when they logged into their online account on or after Feb. 14, 2024, including impacts on cases other than H-1B filings. If you previously experienced issues upon logging in to your online account after migration, please log back in to see if your issues have been resolved by our ongoing technical fixes. For additional information and resources, please review updated information on the Organizational Accounts Frequently Asked Questions page.

The initial registration period for the FY 2025 H-1B cap will open at noon Eastern on March 6, 2024, and run through noon Eastern on March 22, 2024. During this period, prospective petitioners and their representatives, if applicable, must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary.

Starting with the FY 2025 initial registration period, USCIS will require registrants to provide valid passport information or valid travel document information for each beneficiary. The passport or travel document provided must be the one the beneficiary, if or when abroad, intends to use to enter the United States if issued an H-1B visa. Each beneficiary must only be registered under one passport or travel document.

In March we will launch online filing of Form I-129 and associated Form I-907 for non-cap H-1B petitions. On April 1, USCIS will begin accepting online filing for H-1B cap petitions and associated Forms I-907 for petitioners whose registrations have been selected.

Lastly, AILA reminds members that the NEW version for Form I-129, which takes effect on April 1, 2024, must be submitted for FY2025 H-1B cap cases. A preview of that form will be available on the USCIS website on March 1, 2024. A redlined version of the new form is available here.

AILA will continue to provide updates as they become available.

If you need help with… Then…
System errors or functionality issues Email H1Btechsupport@uscis.dhs.gov and include the information in the FAQ
Filing delays due to system downtime Email USCISFeedback@uscis.dhs.gov
Creating a myUSCIS Online Account Visit our USCIS Online Account page
Resetting your password or unlocking your account Use our USCIS Online Account Help Tool
Clarification on policy, form instructions, and duplicate registrations Email USCISFeedback@uscis.dhs.gov

 

If you have questions about… Then…
Finding general H-1B information Visit our H-1B Specialty Occupations page
Finding H-1B Electronic Registration Process information Visit our H-1B Electronic Registration Process page
Finding materials presented during engagements Visit our Electronic Reading Room
Finding videos of demonstrations Visit our YouTube channel and in particular these videos
Upcoming national engagements Visit our Upcoming National Engagements page
Suggesting topics for future Tech Talks or topics for future engagements on USCIS organizational accounts Email myUSCISoutreach@uscis.dhs.gov

 

Related Resources

Browse the Featured Issue: FY2025 H-1B Cap Season collection
1 - 25 of 34 collection items
Agency Memos & Announcements

USCIS Has Randomly Selected a Sufficient Number of FY2025 H-1B Registrations

USCIS stated it has randomly selected a sufficient number of registrations for unique beneficiaries as needed to reach the regular cap from the remaining properly submitted FY2025 registrations and notified all selected registrations.

Agency Memos & Announcements

USCIS Provides Updated Data on FY2025 H-1B Electronic Registration

USCIS announced that it selected 114,017 beneficiaries, resulting in 120,603 selected registrations in the initial selection for the FY2025 H-1B cap. Subsequently, it selected 13,607 beneficiaries in the second selection for the FY2025 H-1B regular cap, resulting in 14,534 selected registrations.

Agency Memos & Announcements

USCIS Will Conduct Second Random Selection for Regular Cap from Previously Submitted FY2025 H-1B Cap Registrations

USCIS determined that it needed additional registrations for unique beneficiaries to reach the FY2025 regular cap numerical allocation. USCIS will notify prospective petitioners with selected registrations. It will not be conducting a second selection for the advanced degree exemption.

7/30/24 AILA Doc. No. 24073001. Business Immigration, H-1B & H-1B1 Specialty Occupation
Practice Resources

Practice Alert: Update on FY2025 H-1B Cap-Subject Petition Filing Issues

USCIS has recently experienced numerous issues related to FY2025 H-1B cap-subject petition filings. USCIS indicated today that the issues have been resolved and that deadline for online filing will remain June 30.

6/28/24 AILA Doc. No. 24062831. Business Immigration, H-1B & H-1B1 Specialty Occupation
Practice Resources

Practice Alert: USCIS Confirms H-1B Cap-Subject Petition Filing Deadline for FY2025

USCIS provides clarification on the filing deadline for FY2025 cap-subject H-1B petitions, including paper-filed and online-filed cases.

6/25/24 AILA Doc. No. 24062501. Business Immigration, H-1B & H-1B1 Specialty Occupation
Federal Agencies

USCIS Provides Selection Statistics for FY2025 H-1B Cap Season

USCIS announced that it selected 114,017 beneficiaries, resulting in 120,603 selected registrations in the initial selection for the FY2025 H-1B cap.

4/30/24 AILA Doc. No. 24043003. H-1B & H-1B1 Specialty Occupation
Agency Memos & Announcements

USCIS Issues Notice of FY2025 H-1B Cap Initial Registration Selection Process Completion and Cap Season Reminders

USCIS announced that it has received enough electronic registrations for unique beneficiaries during the initial registration period to reach the FY2025 H-1B numerical allocations, including the advanced degree exemption (master’s cap). USCIS also included reminders about this year's filing period.

Practice Resources

Practice Alert: H-1B Cap Registration Status Glitch

AILA is aware of the “submitting” status glitch and has reported the issue to USCIS, who are actively investigating.

3/29/24 AILA Doc. No. 24042309. Business Immigration, H-1B & H-1B1 Specialty Occupation
Practice Resources

Practice Alert: Clarifying Filing Locations for Certain Form I-129 Petitions

AILA has received clarification on filing locations for H-1B non-cap and cap-exempt petitions.

3/28/24 AILA Doc. No. 24032824. Business Immigration, H-1B & H-1B1 Specialty Occupation
Practice Resources

Practice Alert: Filing Tips and Resources for FY2025 Cap-Subject H-1B Petitions

AILA provides filing tips and other resources for the FY2025 cap-subject H-1B filing period.

3/28/24 AILA Doc. No. 24040179. Business Immigration, H-1B & H-1B1 Specialty Occupation
Practice Resources

Practice Alert: H-1B Cap Registrations Glitch Updates

The H-1B cap registration period closed. However, due to reports of lingering glitches, USCIS provided the opportunity for members to submit reports, which would deem an H-1B cap registration to have been submitted timely, as long as the report reached USCIS before March 25, 12:00 pm (ET).

3/26/24 AILA Doc. No. 24030831. Business Immigration, H-1B & H-1B1 Specialty Occupation
Agency Memos & Announcements

USCIS Invitation to Tech Talks on Organizational Accounts

USCIS invites stakeholders to tech talks on April 16 and April 30 to ask questions about the new USCIS organizational accounts in preparation for FY2025 H-1B registration season and online filing.

3/26/24 AILA Doc. No. 24032673. Business Immigration, H-1B & H-1B1 Specialty Occupation
Agency Memos & Announcements

USCIS Posts Announcement on H-1B Filing Location Change and FY2025 H-1B Cap Season Updates

USCIS provided an alert with updates and reminders regarding the H-1B filing location change to a USCIS lockbox, the new fees and form edition, online filing and organizational accounts, and the elimination of the use of pre-paid mailers.

3/26/24 AILA Doc. No. 24032672. Business Immigration, H-1B & H-1B1 Specialty Occupation
Agency Memos & Announcements

USCIS Provides Preview Version of Form I-129

USCIS published a preview version of the 04/01/24 edition of Form I-129 and its instructions. Do not file the 04/01/24 edition of Form I-129 before April 1, 2024.

Agency Memos & Announcements

USCIS Extends Initial Registration Period for FY2025 H-1B Cap

USCIS announced that it has extended the initial registration period for FY2025 H-1B cap. The initial registration period was originally scheduled to run through noon Eastern on March 22, 2024, will now run through noon Eastern on March 25, 2024.

3/21/24 AILA Doc. No. 24032133. Business Immigration, H-1B & H-1B1 Specialty Occupation
Agency Memos & Announcements

USCIS Issues Reminder that H-1B Initial Registration Period Closes March 22

USCIS posted a reminder that the initial registration period for the FY2025 H-1B cap closes at noon (ET)on March 22, 2024.

3/18/24 AILA Doc. No. 24031834. Business Immigration, H-1B & H-1B1 Specialty Occupation
Agency Memos & Announcements

USCIS Invitation to Online Filing Engagement

USCIS invites stakeholders to a webinar on March 28 to learn about online filing. Stakeholders can soon file Form I-129, Petition for a Nonimmigrant Worker for H-1B petitions and Form I-907, Request for Premium Processing online using USCIS Online Accounts. Questions are due by March 19.

3/14/24 AILA Doc. No. 24030608. Business Immigration, H-1B & H-1B1 Specialty Occupation
Client Flyers

Client Flyer: What You Need to Know About Recent Changes to USCIS Filing Fees

AILA provides a flyer for you to share with clients to help them understand the upcoming changes to USCIS filing fees, which will become effective on April 1, 2024. There are two versions available in English and Spanish: a generic PDF version and a customizable Word version.

3/13/24 AILA Doc. No. 24022704.
Agency Memos & Announcements

USCIS H-1B Initial Registration Period to Run from March 6 to March 22

USCIS provided an overview of the H-1B initial registration period, including reminders that organizational accounts now exist, valid passport or travel document information is required for each unique beneficiary, and the registration fee remained at $10. See notice for full information.

Agency Memos & Announcements

USCIS to Continue to Offer Tech Talks on Organizational Accounts

USCIS will continue its Tech Talks series in March and April so that you can ask questions about the new USCIS organization accounts in preparation for the FY2025 H-1B electronic registration season and online filing for H-1B petitions. See notice for specific dates. No registration required.

Agency Memos & Announcements

USCIS Provides Additional Guidance on Valid Passports or Travel Documents for FY2025 H-1B Registrations

USCIS provides additional guidance for the FY2025 H-1B registration period as it will require registrants to provide valid passport information or valid travel document information for each beneficiary.

Practice Resources

USCIS Issues Reminder that Certain Updated Forms Take Effect on April 1

USCIS issued a reminder that with the new fee rule that goes into effect April 1, 2024, filers must use the new 04/01/24 editions on or after April 1 for certain forms and that USCIS will only accept the 04/01/24 edition of these forms if they are postmarked on or after April 1, 2024.

3/1/24 AILA Doc. No. 24030100. Business Immigration
Practice Resources

Practice Pointer: FAQs Regarding the Electronic H-1B Registration and Filing Process

The registration period for FY2025 H-1B cap-subject petitions opens on March 6 at noon (ET) and closes at noon (ET) on March 22. AILA’s H-1B Cap Taskforce provides answers to some of the most pressing questions for this H-1B period.

2/29/24 AILA Doc. No. 24030402. Business Immigration, H-1B & H-1B1 Specialty Occupation

USCIS Provides FAQs on New and Upgraded USCIS Online Accounts

USCIS issues FAQs on new and upgraded organizational USCIS online accounts, including instructions for reporting technical issues and filing delays resulting from technical issues.

2/28/24 AILA Doc. No. 24022804. Business Immigration, H-1B & H-1B1 Specialty Occupation
Agency Memos & Announcements

USCIS Provides Information on Upgraded USCIS Online Accounts

USCIS launched its new organizational accounts that will allow multiple people within a company or other organization to collaborate and prepare H-1B registrations, H-1B petitions, and associated requests for premium processing. USCIS provides emails if you need help with these accounts.

2/28/24 AILA Doc. No. 24022802. Business Immigration, H-1B & H-1B1 Specialty Occupation