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H-1B Cap Registration Period Now Open

By Kristin Bolayir ˘ on March 14, 2024
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The registration period for the fiscal year (FY) 2025 H-1B cap petitions opened at noon ET March 6, 2024, and will continue to run through noon ET March 22, 2024. Employers seeking to file an H-1B cap-subject petition must electronically register during this period using a U.S. Citizenship and Immigration Services (USCIS) online account. The registration process includes basic information about the prospective petitioner and each beneficiary along with a $10 registration fee for each beneficiary. The registration process for FY 2025 is governed by the final rule published Feb. 2, 2024, which took effect March 4, 2024.

The final rule includes a new beneficiary-centric selection process to ensure all beneficiaries have an equal chance of selection. Under the new process, registrations will be selected by unique beneficiary rather than by registration. As part of the registration process this year, each beneficiary must provide a valid passport that matches the registration details. See our February 2024 blog post for additional information on the new passport expiration requirements.

As with prior years, it is expected that USCIS will receive enough registrations during the registration period to meet the 65,000 H-1B cap, with an additional 20,000 visas available for those who possess a U.S. master’s degree or higher from an accredited U.S. institution. If the cap is reached, USCIS will conduct a random lottery of the registrations it receives following the close of the registration period. Petitioners will receive an electronic notification if their registration has been selected and can move forward with filing the H-1B petition for only those beneficiaries named on the selection notice. 

H-1B cap-subject petitions for those registrations that are selected in the initial drawing can be filed between April 1, 2024, and June 30, 2024. USCIS clarifies in the final rule that requesting an H-1B cap employment start date after Oct. 1 of the relevant fiscal year is permissible. Petitioners that have received H-1B selections will be able to use their USCIS organizational account to electronically file any H-1B petitions that were selected in the process, or they can file a traditional paper filing of the H-1B petition that is sent to USCIS by mail or courier.

Photo of Kristin Bolayir ˘ Kristin Bolayir ˘

Kristin Bolayir’s legal career spans twenty-seven years including more than twenty-four years of experience in immigration. Kristin specializes in business immigration law, especially complex and writing-intensive nonimmigrant and immigrant cases. Her experience in immigration involves nonimmigrant and immigrant solutions for the business, research…

Kristin Bolayir’s legal career spans twenty-seven years including more than twenty-four years of experience in immigration. Kristin specializes in business immigration law, especially complex and writing-intensive nonimmigrant and immigrant cases. Her experience in immigration involves nonimmigrant and immigrant solutions for the business, research, information technology, education and entertainment communities. Kristin leads a team of immigration professionals, supervises and mentors paralegals involved in a variety of business immigration matters, assigns cases and monitors paralegal workload and production, and provides training for new paralegals. She effectively manages client relationships, provides case management for clients, and oversees large volume caseloads of both non-immigrant and immigrant petitions. Kristin also regularly writes articles reflecting changes and developments in immigration law and procedure for both the group’s blog, Inside Business Immigration: Legal Analysis for the Global Employer.

˘ Not admitted to the practice of law.

Read more about Kristin Bolayir ˘Email
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  • Posted in:
    Immigration
  • Blog:
    Inside Business Immigration
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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