NEWS & ALERTS
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05 Aug2024
USCIS recently announced that we would need to select additional registrations for unique beneficiaries to reach the fiscal year 2025 H-1B regular cap numerical allocation. Our projections indicate we have now randomly selected a sufficient number of registrations for unique beneficiaries as needed to reach the regular cap from the remaining properly submitted FY 2025 registrations. Additionally, we have notified all prospective petitioners with selected registrations from this round of selection that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.
Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2025, and only for the beneficiary named in the applicable selected registration notice. We did not conduct a second selection for the advanced degree exemption (the master’s cap), as enough masters cap registrations had already been selected and sufficient petitions were received based on these registrations as projected to meet the masters cap numerical allocation.
An H-1B cap-subject petition must be properly filed at the correct filing location or online at my.uscis.gov and within the filing period indicated on the relevant selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days. Petitioners must include a copy of the applicable selection notice with the FY 2025 H-1B cap-subject petition.
Registration selection only pertains to eligibility to file an H-1B cap-subject petition. Petitioners filing H-1B cap-subject petitions must still establish eligibility for petition approval based on existing statutory and regulatory requirements.
On Jan. 31, 2024, USCIS published a final rule that adjusted the fees required for most immigration applications and petitions. The new fees are effective as of April 1, 2024. Petitions must include the new fees, or we will not accept them. Additionally, there is a new 04/01/24 edition of Form I-129, Petition for a Nonimmigrant Worker. We will only accept the 04/01/24 edition of this form.
As a reminder, we recently announced a final premium processing fee rule that increased the filing fee for Form I-907, Request for Premium Processing Service, to adjust for inflation, effective Feb. 26, 2024. If we receive a Form I-907 postmarked on or after Feb. 26, 2024, with the incorrect filing fee, we will reject the Form I-907 and return the filing fee.
If you need more information or have any questions call 407-226-3659 to schedule a free consultation at our Orlando or Tampa office.
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