MVP "Immigration Q & A Forum" - 3/7/25 — H1B Visa Lawyer Blog

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I saw something about if my H-1B is denied, the USCIS could issue an NTA, is this true? It is possible if several conditions are met. On February 28, 2025, USCIS issued a Policy Memorandum entitled: Issuance of Notice to Appear (NTAs) in Cases involving Inadmissible and Deportable Aliens. A Notice to Appear is the charging document that instructs an individual to appear before an Immigration Judge at a certain time on a certain date. For beneficiaries of certain employment based petitions, USCIS will issue an NTA where: (1) the decision on the petition is unfavorable; (2) the beneficiary is not lawfully present in the United States or is otherwise removable; and (3) The beneficiary is the signatory on the Petition for Nonimmigrant Worker (Form I-129). Source: https://www.uscis.gov/sites/default/files/document/policy-alerts/NTA_Policy_FINAL_2.28.25_FINAL.pdf

What can I do to make my case more likely to be selected in the H-1B CAP registration process? Nothing. It is a random lottery selection process. When completing the H-1B CAP registration, an employer is only entering the following information on a prospective candidate: (1) Name; (2) Gender; (3) Date of Birth; (4) Country of Birth; (5) Country of Nationality; (6) Passport number; (7) Passport expiration date; (8) Country of Issuance; (9) Yes or No, to if the candidate has obtained a U.S. Master’s degree or higher. There is nothing that you can submit or do to make your case more likely to be selected.

I am currently in my first year of OPT after graduating from a U.S. university with my bachelor’s degree in a STEM field, and I will be eligible for another two (2) year STEM OPT. Should I have my employer submit an H-1B CAP registration for this year, or just wait? Given the H-1B CAP registration process is a random lottery selection process, we recommend that you submit an H-1B CAP registration each year that you are eligible.

I am unable to update my address through the USCIS portal and I can no longer update my address the way I used to through the USCIS website. How can I update my address? You can visit the following website, https://www.uscis.gov/ar-11, and click on the AR-11 Form. You should complete the form, print it and mail it to the address listed on the Form. It is imperative that you notify USCIS within 10 days of a change in your address. Failing to do so under this Administration could result in a misdemeanor that can be punished by a fine of up to $200.00 and up to 30 days in jail.

When will I know if my case is selected in the H-1B CAP process? The H1B CAP Registration process will run from Friday, March 7^th through Monday, March 24^th. USCIS will conduct the lottery selection process after March 24^th, and all employers whose candidates were selected in the process will be notified no later than March 31^st. Employers will receive an email alert and/or text message to check their USCIS account, if any of their candidates have been selected. If chosen, the H-1B CAP petition will need to be filed between April 1^st, 2025, and June 30, 2025.

Where can I find my entry stamp? If you are referring to your I-94 record, you may visit https://i94.cbp.dhs.gov/home and click on the option to Get most recent I-94.

Is the H-1B CAP registration fee still $10.00? No, the H-1B CAP registration fee for FY2026 has increased to $215.00 per registration. The USCIS will receive $215.00 for every H-1B CAP registration successfully submitted during this year’s H-1B CAP registration period. For FY2025, 470,342 H-1B CAP registrations were filed.

Am I required to register in this new Registry system? Without more details about your immigration history, our law firm cannot accurately provide you with a response. Please contact our office to schedule a consultation to discuss whether you will be required to register for the registry system. For now, we are advising all our clients NOT to register for the registry system UNTIL the federal regulation, the official announcement/notification of the registry is issued and the actual registration process is implemented. You should be aware the Registry will be used as an enforcement tool. Source: https://www.uscis.gov/alienregistration

Will I have a better chance at being selected if my employer submits my H-1B CAP registration on the first day, or the last day? It does not matter what day your H-1B CAP registration is submitted, it is a random lottery selection process. We highly recommend that your H-1B CAP registration is submitted after March 7^th and before March 24^th due to technical glitches that often occur with the system due to system overload.

What would happen with USCIS if the federal government were shut down? USCIS will remain in operation if the federal government were to shut down next week. USCIS’ operating budget is based on filing fees except for those programs that receive appropriated funds. For more information, review our past Blog entry: https://www.h1bvisalawyerblog.com/what-happens-if-the-government-shuts-down/.

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 21, 2025!

Please remember to submit your questions/comments on our H1B Visa Lawyer blog!

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