Immigration
United States | USCIS will conduct second random selection for regular cap from previously submitted FY 2025 H-1B cap registrations
Summary
The initial registration period for the fiscal year (FY) 2025 H-1B lottery opened on March 6, 2024, and ran through March 25, 2024. Only those selected registrations were eligible to file H-1B cap-subject petitions during the filing period between April 1 through June 30, 2024 (July 1, 2024 for paper filings). On July 30, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that they have identified a need to select additional registrations for unique beneficiaries to reach the FY 2025 regular cap numerical allocation.
The detail
In February 2024, USCIS launched the new myUSCIS organizational accounts and an account was required to participate in the H-1B Electronic Registration Process starting in March 2024.
The initial registration period for the fiscal year (FY) 2025 H-1B cap opened on March 6, 2024, and ran through March 25, 2024. During this period, prospective petitioners and their representatives, if applicable, used a USCIS online account to register eligible beneficiaries electronically for the H-1B Cap Registrations selection process. Only those selected registrations were eligible to file H-1B cap-subject petitions during the filing period between April 1 through June 30, 2024 (July 1, 2024 for paper filings).
On July 30, 2024, USCIS announced that they have identified a need to select additional registrations in order to reach the FY 2025 regular cap numerical allocation. The upcoming second round of selection will randomly draw from the previously submitted electronic submissions and USCIS will notify prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for a named beneficiary.
USCIS also indicated that there will not be a second selection for the advanced degree exemption (also known as Master’s Cap), as the Master’s Cap registration reached its numerical allowance during the initial round. However, this second round of selection for the regular cap will include previously submitted registrations that indicated eligibility for the Master’s cap along with those that indicated only eligibility for the regular cap.
Impact
USCIS did not provide a timeline for the selection, but they indicated that an announcement is imminently forthcoming. Only those registrations that are selected in the second round will be eligible to file their H-1B cap- subject petitions. Those with selected registrations will have their USCIS online accounts updated to include a selection notice, which provides additional details of when and where to file.
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Manish Daftari
Partner
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