Information about H1B Filing Process
The initial registration period for FY 2025 H-1B Cap Season opens on March 6, 2024 at noon EST to March 22, 2024, noon EST. USCIS is expected to announce lottery selections shortly after registration closes.
Registration can be done either by the prospective petitioner or legal representative on behalf of the prospective petitioner using their respective Organizational Account for USCIS. If the company and/or legal representative already has USCIS account, they can simply upgrade to an organizational account. If not, then a new USICS Organizational Account must be created to submit H-1B registration. This new system of Organizational Account was implemented starting February 28, 2024, at noon Eastern time.
For H1B registration following:
- IRS Letter with FEIN No. for prospective petitioner
- Prospective Employee’s Valid Passport or Travel Document
- Prospective Employee’s Degree Certificate and/or transcript
- Registration Fee in the amount of $10
It should be noted that DHS is implementing a Beneficiary centric H1B selection process in this cycle. As per the Final Rule from USCIS, to be effective from March 04, 2024;
Each unique beneficiary who has a registration submitted on their behalf will be entered into the selection process once, regardless of how many registrations are submitted on their behalf. If a beneficiary is selected, each registrant that submitted a registration on that beneficiary’s behalf will be notified of the beneficiary’s selection and will be eligible to file a petition on that beneficiary’s behalf during the applicable petition filing period. See new 8 CFR 214.2(h)(8)(iii)(A)(1) and (4).
If selected beneficiaries can proceed with online filing of the H1B petition which includes Form I-129 for H-1B Cap petitions and associated Forms I-907 on April 1, 2024, along with any additional documents or forms required for specific cases.
USCIS has also released a Fee Schedule final rule, maintaining the $10 registration fee but introducing higher filing fees for H-1B petitions and other applications effective April 1, 2024.
If prospective employee has a master’s degree from the U.S.A. then they might be eligible for advanced degree exemption. The beneficiary must have already earned the degree at the time of filing the petition.
Additionally, even if the initial H1B registration is not selected, USCIS frequently conducts additional selection rounds, known as “H-1B Reserve Registration,” which are contingent upon the number of unfiled H-1B Petitions as of the June 30 deadline. Depending on the reasons for the denial, you may have the option to appeal the decision or reapply in the next H-1B lottery cycle. Consulting with an immigration attorney can help you understand your options and determine the best course of action.
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