As we approach the critical H-1B lottery deadline for the fiscal year 2025, scheduled for an employment start date of October 1, 2024, it is necessary for employers to initiate comprehensive planning. The U.S. Citizenship and Immigration Services (USCIS) has opened up H-1B cap registration dates in January, and the registration process typically commences in March. Therefore, we strongly urge employers to assess and strategize their H-1B needs for the upcoming fiscal year.
Key Considerations and Actions:
Thorough Evaluation of H-1B Needs: Employers should review the immigration status of both current and potential foreign national employees, to identify individuals within the organization for whom obtaining H-1B status would be beneficial for your company.
Diverse Categories of Beneficiaries: Various categories of individuals benefit from H-1B status, including recent college graduates in F-1 optional training status, candidates subject to the annual H-1B cap, those nearing the limits of other nonimmigrant statuses (e.g., L-1B), and individuals currently on H-4 employment authorization document (EAD) seeking independence.
Understanding the Quota and Registration Process: USCIS is bound by a congressionally mandated quota of 65,000 cap-subject H-1B visas per fiscal year, with additional allocations for specific categories. The registration process involves a two-step approach, starting with electronic pre-registration. Employers must register electronically and pay a $10 nonrefundable fee for each H-1B registration.
Insight into the Selection Process: In case the number of registrations surpasses the cap, USCIS conducts a random selection process. Only registrations selected through this process are eligible for filing H-1B petitions.
Anticipated Changes and Proposed Enhancements: The U.S. Department of Homeland Security (DHS), via USCIS, has proposed rule changes aimed to improve the H-1B registration process. The proposed “Beneficiary-Centric Selection” is designed to prevent misuse and fraud by shifting from selecting by individual employer registration to selecting by unique beneficiary.
Filing Procedures and Premium Processing Services: USCIS has announced that online filing for I-129 H-1B petitions and H-1B I-907 Premium Processing Service will commence in February. Employers are advised to utilize “organizational accounts” for both FY 2025 H-1B cap registrations and routine H-1B extensions, amendments, and change of employer petitions.
Early Preparation for a Smooth Process: Early preparation allows for the collection and organization of data, ensuring readiness for the process. Antroya’s dedicated immigration team can assist you for your strategic planning and preparation.
For any inquiries or further information on the topics discussed in this communication, please do not hesitate to contact us at 212-240-3440 or antroya@antroya.com.
