FY 2025 H-1B Cap Reached, USCIS Says

On December 2, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough H-1B petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption (master’s cap) for fiscal year (FY) 2025.

USCIS said that when it finishes sending out the non-selection notifications, the status for properly submitted registrations that the agency did not select for the FY 2025 H-1B numerical allocations will state:

• Not Selected: Not selected—not eligible to file an H-1B cap petition based on this registration.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. The agency noted that petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2025 H-1B cap. USCIS said it will continue to accept and process petitions filed to:

• Extend the amount of time a current H-1B worker may remain in the United States;

• Change the terms of employment for current H-1B workers;

• Allow current H-1B workers to change employers; and

• Allow current H-1B workers to work concurrently in additional H-1B positions.

This is posting is for informational purposes and is not intended as legal advice. If you require further assistance or advice relating to the above, please contact our Senior Associate Lawyer, Catherine Betancourt at catherine@flynnhodkinson.com.