Synopsis

The registration period for the FY 2025 H-1B cap in the United States has concluded, and USCIS will now select beneficiaries for filing H-1B cap-subject petitions. Starting April 1, 2024, USCIS has altered the filing location for H-1B and H-1B1 petitions, alongside implementing new fees and updating the edition of Form I-129. Additionally, USCIS has introduced online organizational accounts for H-1B filings.

The initial registration period for the Fiscal Year 2025 H-1B cap season in the United States ended on March 25, 2024, at noon Eastern Time, after a three-day extension.

“According to a statement from the U.S. Citizenship and Immigration Services (USCIS), they will soon use a random selection process to choose a sufficient number of unique beneficiaries from properly submitted registrations. This selection aims to meet the numerical allocations for the FY 2025 H-1B cap, including the master’s cap exemption. USCIS will then notify all prospective petitioners whose beneficiaries are selected, informing them of their eligibility to file an H-1B cap-subject petition for those beneficiaries.”

Change in Filing Location for H-1B Form I-129

Starting April 1, 2024, USCIS has updated the submission location for H-1B and H1B1 (HSC) Form I-129 petitions. All paper submissions should now be sent to USCIS lockbox locations instead of service centers. This applies to cap, non-cap, and cap-exempt H-1B filings. For H-1B cap cases, please refer to the specific mailing addresses provided on the Form I-129 Direct Filing Addresses page.

USCIS has cautioned that H-1B or H-1B1 (HSC) petitions arriving at a USCIS service center on or after April 1, 2024, will face rejection with no leeway period.

Implementation of new H-1B fees commences.

Effective April 1, 2024, USCIS has introduced new fees and an updated version of Form I-129. Petitions submitted with a postmark on or after this date must adhere to the revised fees and utilize the latest edition of Form I-129. USCIS will consider the postmark date to ascertain the appropriate form version and fees.

Important Information Regarding Submission of Your Form I-129.

  • USCIS will consider the 05/31/23 edition of this form valid if it is postmarked before April 1, 2024
  • USCIS will decline any submissions of the form dated 05/31/23 postmarked on or after April 1, 2024; and
  • USCIS will exclusively receive the 04/01/24 edition of this form if it bears a postmark dated April 1, 2024, or later.

 

USCIS recently emphasized that a final rule regarding premium processing fees has been announced to adjust for inflation, taking effect in February.26, 2024. They warned that any Form I-907 with a postmark dated on or after February 26, 2024, with an incorrect filing fee will face rejection, and the filing fee will be returned.”

The postmark date when utilizing commercial courier services such as UPS, FedEx, or DHL is established by the date specified on the courier receipt.

Accounts belonging to organizations

USCIS has recently launched online organizational accounts, which make it easier for individuals and legal representatives to collaborate on H-1B registrations, petitions, and related filings. The online filing for non-cap H-1B petitions started on March 25, while cap petitions and associated filings for selected registrants will kick off on April 1.

During the initial rollout of organizational accounts, petitioners will retain the choice to submit a paper Form I-129 H-1B petition along with any related Form I-907, if they so desire. Nevertheless, linking paper-filed Forms I-129 and I-907 to their online accounts will not be feasible at this stage.

Prepaid mailers are no longer available.

Effective March 25th, USCIS has ceased the utilization of prepaid mailers for H-1B and H-1B1 (HSC) filings. Instead, communications and final notifications will be delivered electronically. H-1B petition approval notices will be automatically printed and mailed via first-class mail. Those with MyUSCIS accounts will receive email or text notifications for updates on their case status, with paper notices sent by mail thereafter.

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