Featured Issue: FY2025 H-1B Cap Season

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.

Related Resources

• Featured Issue: Prior H-1B Cap Seasons