FY 2025 H-1B Cap Registration Is Open; USCIS Issues Reminders for Employers About Online Filing, Other New Requirements for Cap and Non-Cap Petitions

U.S. Citizenship and Immigration Services (USCIS) reminded employers that the initial registration period for the FY 2025 H-1B cap season opened at noon ET on March 6, 2024, and will run through noon ET on March 22, 2024. A USCIS online account is required to register each beneficiary electronically for the selection process and pay the associated $10 registration fee. USCIS also announced:

• • Starting with the FY 2025 initial registration period, USCIS will require registrants to provide valid passport information or valid travel document information for each beneficiary. The passport or travel document provided must be the one the beneficiary, if or when abroad, intends to use to enter the United States if issued an H-1B visa. Each beneficiary must only be registered under one passport or travel document.

• • On February 28, 2024, USCIS launched new myUSCIS organizational accounts to allow multiple people within an organization, as well as their legal representatives, to collaborate on and prepare H-1B registrations, H-1B petitions, and any associated Form I-907, Request for Premium Processing Service. A new organizational account is required to participate in the H-1B Electronic Registration Process as of March 2024.

• In response to reports from practitioners about problems with setting up myUSCIS accounts, USCIS said:

We are working expeditiously to address any technical issues that may arise for legal representatives whose accounts migrated when they logged into their online account on or after Feb. 14, 2024, including impacts on cases other than H-1B filings. If you previously experienced issues upon logging in to your online account after migration, please log back in to see if your issues have been resolved by our ongoing technical fixes. For additional information and resources, please review updated information on the Organizational Accounts Frequently Asked Questions page.

• • In March, USCIS will launch online filing of Form I-129, Petition for a Nonimmigrant Worker, and associated Form I-907 for non-cap H-1B petitions. Those who are filing Form I-129 alone or with Form I-907 may also file online.

• • On April 1, 2024, USCIS service centers will no longer accept Form I-129 petitions requesting
    H-1B Specialty Occupation Worker or H-1B1 (HSC) Free Trade Agreement Worker (specialty occupation from Chile and Singapore) classification. USCIS will reject such H-1B or H-1B1 (HSC) petitions received at a USCIS service center on or after April 1, 2024. There will be no grace period Beginning on April 1, 2024, all paper-filed Form I-129 petitions requesting H-1B1 (HSC), or H-1B classification, including those with a concurrent Form I-907, Request for Premium Processing Service, and those with concurrently filed Form I-539 and/or Form I-765, must be filed at a USCIS lockbox facility.

• • USCIS will provide the lockbox filing addresses for paper-filed forms in late March via web alert and on its Form I-129 Direct Filing Addresses

• USCIS is hosting several Tech Talks to answer questions about organizational accounts.

Details:

• • FY 2025 H-1B Registration Period and myUSCIS Organizational Account Reminders (Feb. 28, 2024).

• • Organizational Accounts FAQ (Mar. 1, 2024).

• • Organizational Accounts for Legal Representatives—Demonstration (video, USCIS YouTube channel).

• • Organizational Accounts for Companies—Demonstration (video, USCIS YouTube channel).

• • myUSCIS

• • H-1B Electronic Registration Process (Mar. 1, 2024).

• • H-1B Electronic Registration Process: Registrants (video, USCIS YouTube channel).

• I-129, Petition for a Nonimmigrant Worker, USCIS alert (Mar. 1, 2024).

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 Principal Lawyer, Janice Flynn at janice@flynnhodkinson.com.