FY2025 H-1B cap petition registrations are now open, as of noon Eastern time on March 6, 2024. The registration period remains open until noon Eastern on March 22, 2024. Potential petitioners and their representatives, if they have one, must use a USCIS online account to complete registration for each potential beneficiary. The related FY2025 H-1B registration fee must be submitted for each beneficiary as well. The registration fee remains at $10 per registrant. FY2025 H-1B filing fees will change, effective April 1, 2024.

Per the Department of Homeland Security’s Feb 2, 2024, final rule, all FY2025 H-1B registration entrants must provide valid passport of travel document information with their registration. This is required to track each registrant, ensuring they are entered only once per H-1B period. Each registrant can only be entered into the lottery system one time.

A passport or travel document that expired and has not been extended is not a valid entry. These documents will not be accepted for the registrant. The valid passport or travel document used at the registration stage must be the same one used to enter the U.S., if selected in the H-1B lottery.

However, in some rare instances, some passports or travel documents may appear to be expired but are still valid. Passports or travel documents that are extended by decree or are automatically extended by the issuing authority remain valid, even if the date shown on the document has passed. In these circumstances, the registrant should enter the date of validity as the extended date, not as the date shown on the passport or travel document, when completing their registration. At the time an H-1B petition is filed for someone in these circumstances, USCIS will review the information submitted, the copy of the document, and other pertinent information to ensure the registration is valid.

If a passport or travel document becomes invalid between the registration stage and the H-1B petition filing, updated data from the new passport or travel document should be used when filing Form I-129, Petition for Nonimmigrant Worker. To support the H-1B petition, the petitioner should include documentation for both passports or travel documents used at registration and at filling. An explanation as to why a change in identifying information was required must also be included in the petition filing.

Other circumstances may arise regarding the passport or travel document specifications. Registrants can provide more information as to why a passport or travel document may not be valid. As always, it’s best to work with an experienced U.S. immigration attorney to increase the odds of a successful outcome.

On April 1, 2024, online filing of Form I-129, petition for a Nonimmigrant Worker, for H-1B cap-subject petitions and the related Form I-907, Request for Premium Processing Service, will be accepted online, for those selected in the lottery. Non-cap H-1B online filing details will be announced when available.

As always, if you have questions about any U.S. immigration-related issue, contact us. Our team of experienced attorneys work directly with clients to ensure they get the right advice for their specific situations.

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