On April 1, 2024, USCIS announced it has received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year (FY) 2025 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap).
- USCIS has randomly selected enough properly submitted registrations for unique beneficiaries projected as needed to reach the H-1B cap.
- USCIS has notified all prospective petitioners with selected beneficiaries that they are eligible to file an H-1B cap-subject petition for such beneficiaries.
Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered):
- Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.
- Selected: Selected to file an H-1B cap petition.
- Not Selected: Not eligible to file an H-1B cap petition based on this registration.
- Denied – duplicate registration: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.
- Invalidated – failed payment: A registration was submitted but the payment method was declined, not reconciled, or otherwise invalid.
- Deleted: The submitted registration has been deleted and is no longer eligible for selection.
- Processing submission: USCIS is processing the submission. It may take up to 72 hours for all of the case information to show on the case details page. While it is processing, petitioners will be unable to access their draft.
FY 2025 H-1B Cap Petitions May Be Filed Starting April 1
H-1B cap-subject petitions for FY 2025, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2024, if filed for a selected beneficiary and based on a valid registration.
Only petitioners with registrations for selected beneficiaries may file H-1B cap-subject petitions for FY 2025.
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.
Petitioners must also submit evidence of the beneficiary’s valid passport or travel document used at the time of registration to identify the beneficiary.
Petitioners filing for selected beneficiaries based on their valid registration must still submit evidence or otherwise establish eligibility for petition approval, as registration and selection only pertains to eligibility to file the H-1B cap-subject petition.
For more information, visit the H-1B Cap Season page.
Receipt Notice Delays
Upon receipt of a timely and properly filed H-1B cap subject petition, USCIS will provide the petitioner (and, if applicable, the petitioner’s legal representative) a Form I-797, Notice of Action, communicating receipt of the petition. Due to increased filing volumes typically seen during H-1B cap filing periods, there are instances where a paper petition is timely and properly filed by mail, but issuance of the Form I-797 is delayed.
- Petitioners who have confirmation from the delivery service that the petition was delivered, but who have not yet received a Form I-797 confirming receipt of the petition, should not submit a second petition.
- If a petitioner has confirmation from the delivery service that the petition was delivered and then submits a second H-1B cap petition for the same beneficiary, they will be considered to have submitted multiple H-1B cap petitions. This will result in denial or revocation of both petitions.
If more than 30 days have passed since the confirmation of delivery without receiving a Form I-797, petitioners may contact the USCIS Contact Center for assistance.
Erickson Insights & Analysis
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.