H1B Visa Lawyer Blog
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1.When will the Registration period open for the H-1B CAP for FY2025? March 6, 2024 at noon (est.) and it will close on March 22, 2024 at noon (est.).
2. Who may submit an H-1B CAP registration? A U.S. employer (Petitioner) and their Representatives (Attorney).
3. Is there a cost for each H-1B CAP registration submitted? Yes, $10.00 is the registration fee for each beneficiary submitted in the H-1B CAP registration process.
4. Can an H-1B registration be submitted through paper filing with the USCIS? No, the entire H-1B CAP registration process must be completed through your USCIS online account.
5. When will I as a U.S. employer be able to create my USCIS online account to submit H-1B CAP registrations for March 6th? On February 28, 2024.
6. I heard that as of a certain date coming up soon, the USCIS will allow the online filing of Form I-129 and Form I-907, is this mandatory? On February 28, 2024, the USCIS will accept online filings of Form I-129 and I-907 for NON-CAP cases. On April 1, 2024, the USCIS will accept online filings for H-1B CAP petitions, Forms I-129 and I-907 for those registrations that were accepted.
U.S. employers will continue to have the option to file paper-based Forms I-129 and I-907 with the USCIS. Filing the actual I-129 and I-907 forms online is NOT mandatory.
7. I’ve also heard that a new I-129 Form will become available as of April 1, 2024, is this correct? Yes, it is. A preview version of the 04/01/2024 edition of the new I-129 Form will be available at https://www.uscis.gov/i-129 as soon as possible before April 1, 2024. The USCIS will only accept the 04/01/2024 edition of the form if it is postmarked on or after April 1, 2024. They will not accept the old edition of the form if it is postmarked on or after April 1, 2024.
8. How are H-1B CAP registrations selected? This year the process has changed as a result of the amount of H-1B CAP registrations submitted for FY2024. Registrations for FY2025 will be selected by BENEFICIARY rather than by registration, through a random lottery selection process. Each registrant must provide valid passport information. The passport used must be the one the beneficiary intends to enter the United States with as an H-1B nonimmigrant.
9. The USCIS premium processing fee has already increased, right? No, not yet. The USCIS filing fee for premium processing (Form I-907) remains at $2,500.00. As of February 26, 2024, the premium processing fee will increase to $2,805.00.
10. Is there a limit to how many registrations I can submit on behalf of different beneficiaries as a U.S. employer? No, there is no limit to how many registrations you can submit as a U.S. employer; however, please note that these registrations should be for bona fide specialty occupation positions within your company.
As a reminder, you may only submit one (1) registration per beneficiary, no duplicate registrations will be accepted.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, March 1, 2024!
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