USCIS Completes Its Second Random Selection for FY 2025 H-1B Regular Cap

Alert
Hodgson Russ Immigration Alert

On July 30, 2024, U.S. Citizenship and Immigration Services (USCIS) announced it would need to select additional electronic registration to reach the Fiscal Year (FY) 2025 H-1B Regular Cap numerical allocation.

Yesterday, on August 5, 2024, USCIS announced that its projections indicate it has randomly selected a sufficient number of electronic registrations needed to reach the FY 2025 H-1B Regular Cap numerical allocation.

USCIS has notified all prospective U.S. employers with selected electronic registrations from this second round of random selections that they are eligible to file an H-1B cap-subject petition for the employee named in the applicable selected electronic registration.

Only U.S. employers with selected electronic registrations may file H-1B cap-subject petitions for FY 2025, and only for the employee named in the applicable selected electronic registration notice. 

U.S. employers must properly file the H-1B cap-subject petition at the correct filing location or online and within the filing period indicated on the selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days. U.S. employers must include a copy of the selection notice with the FY 2025 H-1B cap-subject petition.

Having your electronic registration randomly selected only pertains to eligibility to file an H-1B cap-subject petition. U.S. employers filing H-1B cap-subject petitions must still establish eligibility for petition approval based on existing statutory and regulatory requirements.

If you have questions about submitting a H-1B cap-subject petition, or if you have questions about working in the United States, please reach out to our Immigration Practice Group.

Disclaimer:

This client alert is a form of attorney advertising. Hodgson Russ LLP provides this information as a service to its clients and other readers for educational purposes only. Nothing in this client alert should be construed as, or relied upon, as legal advice or as creating a lawyer-client relationship.

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