Breaking H-1B News & Updates

A lot has happened and changed in the world of H-1B visas over the last couple of years. So, If you're looking for the latest H-1B news, you've come to the right place. We have everything you need to know regarding H-1B visa changes. This includes any changes to H-1B electronic registration process, dates for registrations, H-1B visa requirements, H-1B petition filing date, and H-1B visa cap updates.  As soon as we receive any news they will be posted here. So, make sure to check this page regularly to stay on top of the latest info!

 

As business immigration specialists and top H-1B visa attorneys in Boston, our team at Savitz Law can help you navigate the process and answer any questions you may have about any of the latest news or changes. Don't hesitate to contact us today.

 

Here are the latest H-1B news updates:

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FY 2025 H-1B Cap Registration Process Update

August 7th, 2024

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On April 1, 2024, USCIS announced it had received enough electronic registrations during the initial registration period to reach the fiscal year 2025 H-1B numerical allocations (H-1B cap), including the advanced degree exemption, also known as the master’s cap. USCIS received 470,342 registrations, of which 120,603 were selected in the initial lottery for the FY 2025 H-1B cap.

In August 2024, USCIS held a second random selection from previously submitted registrations to reach the FY 2025 regular cap numerical allocations. The second lottery resulted in the selection of an additional 14,534 registrations to reach the FY 2025 regular cap numerical allocations. USCIS has now randomly selected a sufficient number of registrations as needed to reach the regular cap from the remaining properly submitted FY 2025 registrations. Additionally, USCIS has notified all prospective petitioners with selected registrations from this round of selection that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration. Only those petitioners with selected registrations for FY 2025 are eligible to file H-1B cap-subject petitions. USCIS did not conduct a second selection for the advanced degree exemption (the master’s cap), as enough master’s cap registrations had already been selected and sufficient petitions were received based on these registrations by June 30, 2024 to meet the master’s cap numerical allocation.

An H-1B cap-subject petition must be properly filed at the correct filing location and within the filing period indicated on the relevant registration selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days. Petitioners must include a copy of the applicable registration selection notice with the FY 2025 H-1B cap-subject petition. Registration selection only indicates that petitioners are eligible to file H-1B cap-subject petitions; it does not indicate that the petition will be approved. Petitioners filing H-1B cap-subject petitions must still submit evidence and establish eligibility for petition approval based on existing statutory and regulatory requirements.

Please contact us if you have any questions. No need to look any further for an H-1B visa attorney, our team here at Savitz Law Offices can help! We can assist you with filing your FY 2025 H-1B cap-subject petitions as well as other immigration law needs.

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USCIS Reaches Fiscal Year 2025 H-1B Visa Cap

April 30th, 2024

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USCIS announced on April 1, 2024, that they received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2025 H-1B numerical allocations (H-1B cap), including the advanced degree exemption, also known as the master’s cap. USCIS selected 114,017 beneficiaries, resulting in 120,603 selected registrations in the initial selection for the FY 2025 H-1B cap.

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During the registration period for the FY 2025 H-1B cap, USCIS saw a significant decrease in the total number of registrations submitted compared to FY 2024, including a decrease in the number of registrations submitted on behalf of beneficiaries with multiple registrations.

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• The number of unique beneficiaries this year for FY 2025 (approx. 442,000) was comparable to the number last year for FY 2024 (approx. 446,000).

• The number of unique employers this year for FY 2025 (approx. 52,700) was also comparable to the number last year for FY 2024 (approx. 52,000).

• The number of eligible registrations, however, was down dramatically for FY 2025 (470,342) compared with FY 2024 (758,994) — a 38.6% reduction.

• Overall, USCIS saw an average of 1.06 registrations per beneficiary this year in FY 2025 compared to 1.70 for FY 2024.  

 

The data indicates that there were far fewer attempts to gain an unfair advantage than in prior years, owing in large part to the implementation of the new beneficiary-centric selection process. USCIS believes that the decreased filing rate for FY 2024 H-1B cap petitions and the decreased registration numbers for FY 2025 are indicative that the new integrity measures have been effective.

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Fiscal Year 2025 H-1B Cap Petitions May Be Filed Starting April 1, 2024

April 2nd, 2024

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USCIS has completed the H-1B electronic registration selection process and has received enough electronic registrations for unique beneficiaries during the initial registration period to reach the Fiscal Year (FY) 2025 H-1B cap, including the advanced degree exemption (Master’s Cap). USCIS has notified all prospective petitioners with selected beneficiaries.

 

H-1B cap-subject petitions for FY 2025, including those petitions eligible for the Master’s Cap, may be filed with USCIS beginning April 1, 2024. All filings must be based on a valid, selected registration for the beneficiary named in the applicable selected registration notice. The period for filing the H-1B cap-subject petition is 90 days from the selection notice date.

 

Petitioners filing H-1B cap-subject petitions must still establish eligibility for petition approval at the time the petition is filed and through adjudication, based on existing statutory and regulatory requirements. Selection in the registration process does not relieve the petitioner from submitting evidence or otherwise establishing eligibility, as registration only pertains to eligibility to file the H-1B cap-subject petition.

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Please contact us if you have any questions. If you are looking for an H-1B visa attorney, we can help! Savitz Law Offices is here to assist you with filing your FY 2025 H-1B cap-subject petitions and other immigration law needs.

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USCIS Announces Initial Registration Period For FY 2025 H-1B Cap Registration Lottery

March 6th, 2024

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USCIS announced that the initial registration period for the FY 2025 H-1B cap petitions will run from noon Eastern on March 6, 2024, through noon Eastern on March 22, 2024. During this period, prospective petitioners and their representatives, if applicable, must register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary.

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The FY 2025 H-1B registration process has been completely changed and is governed by the final rule published on Feb. 2, 2024, which went into effect on March 4, 2024 (see more on this below). The final rule includes a new beneficiary-centric selection process. Under the new process, registrations will be selected by unique beneficiary rather than by registration. USCIS will now require registrants to provide valid passport information or valid travel document information for each beneficiary that matches the document the beneficiary intends to use to enter the United States. Each beneficiary must only be registered under one passport or travel document.

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Below is the FY 2025 H-1B cap season timeline with the steps for us to prepare and submit the H-1B registrations and petitions on your behalf.

 

March 6, 2024: H-1B registration period opens and our office will be able to prepare your registration(s) for submission.

 

March 22, 2024: H-1B registration period closes at 12pm EST.

 

March 31, 2024: The date by which USCIS intends to notify you about registration(s) selected in the lottery (selection notifications will be posted to your myUSCIS account).

 

Please contact us if you have any questions.  Savitz Law Offices is here to help you with your H-1B registrations & other immigration law needs!

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USCIS Announces Strengthened Integrity Measures for H-1B Program

February 2nd, 2024

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On February 2, 2024, USCIS published a final regulation amending its regulations relating to the H-1B registration process to strengthen the integrity of the registration process. This final regulation implements a beneficiary centric selection process and integrity measures related to H-1B registration.

 

Beneficiary Centric Selection Process

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Under the new beneficiary centric selection process, applications will be selected from the lottery by unique beneficiary rather than by registration. This new selection process reduces the potential for fraud and ensures each beneficiary the same chance of being selected, regardless of the number of registrations submitted on their behalf by an employer. USCIS will now require registrants to provide valid passport information or valid travel document information for each beneficiary corresponding to the passport or travel document the beneficiary intends to use (if or when abroad) to enter the United States if issued an H-1B visa. Each beneficiary must only be registered under one passport or travel document. If USCIS determines that registrations are submitted by either the same or different prospective petitioners for the same beneficiary, but using different identifying information, USCIS may find those registrations invalid and deny or revoke the approval of any H-1B petition filed based on those registrations. Related entities may still submit multiple registrations for the same individual at this time.

 

Integrity Measures

 

In addition to requiring registrations to include the beneficiary’s valid passport information or valid travel document information, and prohibiting a beneficiary from being registered under more than one passport or travel document, the new final regulation codifies USCIS’ ability to deny H-1B petitions or revoke an approved H-1B petition where:

 

• There is a change in the beneficiary’s identifying information from the identifying information as stated in the registration to the information as stated in the petition;

• The underlying registration contained a false attestation or was otherwise invalid;

• The registration fee was invalid (including if the fee was declined, not reconciled, or disputed); or

• Where the H-1B cap-subject petition was not based on a valid registration.

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USCIS Reaches Fiscal Year 2024 H-1B Visa Cap

December 13th, 2023

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USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2024. 

 

USCIS completed sending non-selection notifications to registrants’ online accounts. The status for registrations properly submitted for the FY 2024 H-1B numerical allocations, but that were not selected, will now show:

 

• Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration. 

 

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2024 H-1B cap. They will continue to accept and process petitions filed to: 

 

• Extend the amount of time a current H-1B worker may remain in the United States; 

• Change the terms of employment for current H-1B workers; 

• Allow current H-1B workers to change employers; and 

• Allow current H-1B workers to work concurrently in additional H-1B positions. 

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USCIS Conducts Second Random Selection from Previously Submitted FY 2024 H-1B Cap Registrations

July 31st, 2023

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In July 2023, USCIS conducted an initial random selection on properly submitted electronic registrations for the fiscal year (FY) 2024 H-1B cap, including for beneficiaries eligible for the advanced degree exemption. Per regulation, USCIS uses historical data related to approvals, denials, revocations, and other relevant factors to calculate the number of registrations needed to meet the H-1B cap for a given fiscal year. Only those petitioners with selected registrations for FY 2024 are eligible to file H-1B cap-subject petitions.

 

The initial filing period for those with selected registrations for FY 2024 was from April 1, 2023, through June 30, 2023. USCIS recently determined that they needed to select additional registrations to reach the FY 2024 numerical allocations. On July 28, 2023, USCIS selected previously submitted electronic registrations using a random selection process. The petition filing period based on registrations selected on July 28th began on August 2, 2023 and closes on October 31, 2023. 

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An H-1B cap-subject petition must be properly filed at the correct service center and within the filing period indicated on the relevant registration selection notice. Online filing is not available for H-1B petitions. Petitioners filing H-1B petitions must do so by paper and must include a printed copy of the applicable registration selection notice with the FY 2024 H-1B cap-subject petition. Registration selection only indicates that petitioners are eligible to file H-1B cap-subject petitions; it does not indicate that the petition will be approved. Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still submit evidence and establish eligibility for petition approval based on existing statutory and regulatory requirements. 

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Please contact us if you have any questions.  If you are looking for an H-1B visa attorney, Savitz Law Offices can help! We are here to assist you with filing your FY 2024 H-1B cap-subject petitions & other immigration law needs.

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Latest Update on FY 2024 H-1B Cap Registration Process from USCIS

April 28th, 2023

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On 4/28/23, USCIS updated its H-1B Cap Registration Process webpage to note that, for the FY 2024 cap prospective petitioners submitted 758,994 registrations, of which 110,791 were selected in the initial lottery to reach the FY 2024 numerical allocations. These numbers represent a significant increase in the number of registrations submitted compared to prior years. H-1B petitions for selected registrations must be submitted by the H-1B petition filing due date of June 30, 2023.

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If you have any questions on the H-1B process, don't hesitate to contact us.  If you need an H-1B visa attorney, we can help! Savitz Law Offices can assist you with filing your FY 2024 H-1B petitions and handle a variety of other immigration law services.

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FY 2024 H-1B Cap Petitions May Be Filed Starting April 1, 2023

March 28th, 2023

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USCIS has completed the H-1B electronic registration selection process, so H-1B cap-subject petitions for FY 2024, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2023. All filings must be based on a valid, selected registration for the beneficiary named in the applicable selected registration notice. The period for filing the H-1B cap-subject petition will be 90 days from the selection notice date.

 

Online filing is not available for H-1B petitions, so petitioners filing H-1B petitions must do so by paper. Petitioners filing H-1B cap-subject petitions must still establish eligibility for petition approval at the time the petition is filed and through adjudication, based on existing statutory and regulatory requirements. Selection in the registration process does not relieve the petitioner from submitting evidence or otherwise establishing eligibility, as registration only pertains to eligibility to file the H-1B cap-subject petition.

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Please contact us if you have any questions.  If you are looking for an H-1B visa attorney, we can help! Savitz Law Offices is here to assist you with filing your FY 2024 H-1B cap-subject petitions and other immigration law needs.

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USCIS Announces Initial Registration Period For FY 2024 H-1B Cap Registration Lottery

January 31st, 2023

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The H-1B electronic registration period for the Fiscal Year 2024 (FY2024) H-1B cap is expected to open March 1, 2023 and run through March 17, 2023. Each year, U.S. Citizenship and Immigration Services (USCIS) selects 65,000 H-1B registrations for foreign nationals with at least a bachelor’s degree, and an additional 20,000 petitions for foreign nationals with an advanced (master’s or higher) degree from a U.S. institution. A computer-generated random selection process (commonly known as the "lottery") is used to select a sufficient number of registrations to meet the 65,000 “regular cap.” The remaining unselected registrations that are eligible for the 20,000 “master’s cap” are then placed into a separate lottery for random selection.

 

Prospective petitioners (also known as “registrants”) will be required to electronically register each prospective beneficiary for the random selection process and pay the associated $10 registration fee for each registration submitted. A petitioner is only eligible to file an H-1B cap-subject petition on behalf of a beneficiary if they electronically register the beneficiary for possible selection during the registration period and USCIS selects the registration submitted for that specific beneficiary. Once the beneficiary’s registration is selected in the lottery, the petitioner will need to file a complete H-1B petition with supporting documentation within 90 days to establish the beneficiary’s eligibility for a cap-subject H-1B with a start date of October 1, 2023. Below is a timeline with the steps for us to prepare and submit the H-1B registrations and petitions on your behalf.

 

FY2024 H-1B Cap Season Timeline:

 

February 21, 2023: prospective employers may begin to create a myUSCIS registrant account (N/A if you will be using the exact same H-1B registrant email address and account as last year)

 

• We will be sending a separate email with detailed instructions for setting up and linking your registrant account with our representative account, so please let us know if you plan to register any beneficiaries this year and you did not create a registrant account last year.

 

March 1, 2023: H-1B registration period opens 

 

• Our office will begin to prepare your registration(s) for submission

 

March 17, 2023: H-1B registration period closes at 12pm EST

 

March 31, 2023: date by which USCIS intends to notify you about registrations selected in the lottery (they will send selection notifications via your myUSCIS online account)

 

April 1, 2023: earliest date that cap-subject petitions may be filed for H-1Bs effective on October 1, 2023

 

June 30, 2023: filing deadline for H-1B petitions for registrations that were selected in the initial lottery

 

For the last three years, USCIS has not received enough H-1B cap-subject filings from petitioners whose registrations were initially selected in the lottery.  Therefore, USCIS needed to select additional registrations in July to meet that year’s H-1B cap. Employers with newly selected registration notices were able to file H-1B petitions within the ensuing 90 days. While there is no guarantee, we believe that it is likely that we will see the same happen this year.

 

Please let us know as soon as possible if you have any employees who may require H-1B sponsorship, including employees who were not selected in last year’s lottery. Anyone who is currently working pursuant to the Optional Practical Training (OPT) portion of their F-1 status should be considered for H-1B registration. After we hear from you, we will send you an engagement letter and fee agreement regarding the costs and fees for both the H-1B registrations and H-1B petitions for beneficiaries selected in the lottery, as well as the online questionnaires for collecting the information we will need to complete the H-1B registrations.

 

Please contact us if you have any questions.  Savitz Law Offices is here to help you with your H-1B registrations & other immigration law needs!

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USCIS Reaches Fiscal Year 2023 H-1B Visa Cap

August 23rd, 2022

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USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2023.

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USCIS completed sending non-selection notifications to registrants’ online accounts. The status for registrations properly submitted for the FY 2023 H-1B numerical allocations, but that were not selected, will now show:

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• Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration.

 

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2023 H-1B cap. USCIS will continue to accept and process petitions filed to:

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• Extend the amount of time a current H-1B worker may remain in the United States;

• Change the terms of employment for current H-1B workers;

• Allow current H-1B workers to change employers; and

• Allow current H-1B workers to work concurrently in additional H-1B positions.

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Latest Update on FY 2023 H-1B Cap Registration Process from USCIS

April 18th, 2022

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On 4/14/22, USCIS updated its H-1B Cap Registration Process webpage to note that, for the FY 2023 cap, more than 48,000 prospective petitioners submitted 483,927 registrations, of which 127,600 were selected in the initial lottery to reach the FY 2023 numerical allocations. Roughly 31% of eligible registrations requested consideration under the advanced degree exemption.

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FY 2022 H-1B Cap Petitions May Be Filed Starting April 1, 2022

April 13th, 2022

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H-1B cap-subject petitions for FY 2023, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2022, if based on a valid, selected registration for the beneficiary named in the applicable selected registration notice. The period for filing the H-1B cap-subject petition will be 90 days from the selection notice date.

 

Online filing is not available for H-1B petitions, so petitioners filing H-1B petitions must do so by paper. Petitioners filing H-1B cap-subject petitions must still establish eligibility for petition approval at the time the petition is filed and through adjudication, based on existing statutory and regulatory requirements. Selection in the registration process does not relieve the petitioner from submitting evidence or otherwise establishing eligibility, as registration only pertains to eligibility to file the H-1B cap-subject petition.

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Please contact us if you have any questions.  If you are looking for an H-1B visa attorney, we can help! Savitz Law is here to assist you with filing your FY 2023 H-1B cap-subject petitions & other immigration law needs.

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USCIS Announces Initial Registration Period For FY 2023 H-1B Cap

February 3rd, 2022

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USCIS announced that the H-1B electronic registration period for the Fiscal Year 2023 (FY 2023) H-1B cap is expected to run from March 1, 2022 to March 18, 2022. Each year, U.S. Citizenship and Immigration Services (USCIS) selects 65,000 H-1B registrations for foreign nationals with at least a bachelor’s degree, and an additional 20,000 petitions for foreign nationals with an advanced degree from a U.S. institution. A computer-generated random selection process (commonly known as the "lottery") is used to select a sufficient number of registrations to meet the 65,000 “regular cap.” The remaining registrations that are eligible for the H-1B advanced degree exemption and that were not selected under the regular cap are then placed into a separate lottery for random selection to meet the 20,000 “master’s cap.”

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Based on last year’s H-1B cap registration process, we expect that prospective petitioners (also known as “registrants”) who wish to file H-1B cap-subject petitions will be required to register electronically and pay the associated $10 registration fee for each beneficiary. A petitioner is only eligible to file an H-1B cap-subject petition on behalf of a beneficiary if they electronically register the beneficiary during the registration period and USCIS selects the registration submitted for that specific beneficiary through the random selection process. Once the beneficiary’s registration is selected in the lottery, the petitioner will need to file a complete petition with supporting documentation within 90 days to establish the beneficiary’s eligibility for a cap-subject H-1B with a start date of October 1, 2022. Below is a timeline with the steps for us to prepare and submit the H-1B registrations and petitions on your behalf.

 

H-1B Registration Timeline:

 

February 21, 2022: Prospective employers may begin to create a My USCIS registrant account (N/A if you already have an H-1B registrant account from last year’s electronic registration).

 

• We will be sending a separate email with detailed instructions for setting up and linking your registrant account with our representative account, so please let us know if you plan to register any beneficiaries this year and you did not create a registrant account last year.

 

March 1, 2022: H-1B registration period opens.

 

• During this timeframe, our office will register each prospective H-1B employee you wish to sponsor.

 

March 18, 2022: H-1B registration period closes.

 

March 31, 2022: Date by which USCIS intends to notify registrants selected in the lottery.

 

April 1, 2022: The earliest date that H-1B cap-subject petitions for October 1, 2022 may be filed.

 

June 30, 2022: Filing deadline for H-1B cap-subject petitions that were selected in the initial lottery.

 

For the last two years, USCIS did not receive enough H-1B cap-subject petitions that were selected in the initial lottery to meet the annual cap. Therefore, USCIS selected additional registrations to submit petitions under that year’s H-1B cap. Employers with newly selected registration notices were able to file H-1B petitions for the named beneficiaries within the ensuing 90 days. While there is no guarantee, we believe that it is likely that we will see the same happen this year.

 

Please let us know as soon as possible if you have any employees who may require H-1B sponsorship, including employees who were not selected in last year’s lottery. Anyone who is currently working pursuant to the Optional Practical Training (OPT) portion of their F-1 status should be considered for H-1B registration. After we hear from you, we will send you an engagement letter and fee agreement regarding the costs and fees for both the H-1B registrations and H-1B petitions for beneficiaries selected in the lottery, as well as the online checklists for collecting the information we will need to complete the H-1B registrations.

 

Please contact us if you have any questions.  Savitz Law Offices is here to help you with your H-1B registrations & other immigration law needs!

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