FY2025 H-1B Cap Registration – What You Need to Know

Tonkon Torp LLP
Contact

Tonkon Torp LLP

Now is the time for employers to review H-1B needs for the FY2025 cap season. Feel free to contact us, and we will help you evaluate who is a good candidate for this classification.

Registrations will be submitted electronically to U.S. Citizenship and Immigration Services (USCIS) in March 2024. We expect USCIS to designate the specific two-week registration period soon. USCIS previously charged a $10 fee per registration and is expected to increase the fee this year.

Registration Details
Registration requires basic employer and foreign national data including whether the foreign national holds a U.S. advanced degree. Only one registration per employer/individual beneficiary combination is permitted. After registration closes, USCIS conducts a random lottery selection. Employers can prepare and file H-1B petitions only for registrations selected in the lottery.

Post-Registration Period
The lottery is typically held immediately prior to April 1, allowing employers to begin filing H-1B petitions on that date. If selected in the lottery, employers will have 90 days to file an H-1B petition.

Additional wait list registration selections may occur until the quota is reached for the fiscal year. These additional selections are announced if and when they are made.

Next Steps
We recommend employers review hiring needs as soon as possible to determine if new H-1B petitions will need to be filed under the FY2025 cap quota for employment start dates no earlier than October 1, 2024. We recommend considering the following:

  • Foreign national F-1 and J-1 students, TN USMCA professionals, L-1B specialized knowledge transferees, E-3 Australian specialty occupation professionals, and individuals with certain types of employment authorization documents (EADs)
  • Prospective employees outside the United States with no other option for U.S. work authorization

Additional H-1B Cap Details
All “new” H-1B petitions are subject to an annual quota, or cap of 65,000 regular H-1B visas, and an additional 20,000 H-1B visas reserved for holders of advanced degrees (master’s or higher) from accredited U.S. universities. New cap H-1B petitions are generally required for individuals previously not counted against the cap (with limited exceptions).

New cap H-1B petitions are not required for H-1B extensions and most H-1B changes of employer.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Tonkon Torp LLP | Attorney Advertising

Written by:

Tonkon Torp LLP
Contact
more
less

Tonkon Torp LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide