The second FY2025 H-1B cap selection is complete. The additional selection was required in order to meet the numerical allocation. U.S. Citizenship and Immigration Services feels with the second selection, sufficient unique beneficiaries are selected to meet the cap. All prospective petitions have been notified they are eligible to file a FY2025 H-1B cap petition for the selected beneficiary.
Solely petitioners with selected registration are eligible to file the H-1B cap petition. Only the beneficiary selected in the selected registration is eligible for filing. A second selection was not needed nor completed for advanced degree exemption, or the master’s cap. Sufficient master’s cap beneficiaries were made in the first selection to meet that cap.
Those selected have a minimum of 90 days to file the FY2025 H-1B cap petition. Online filing is preferred, in alignment with the first selection. A copy of the applicable selection notice is required with filing the petition. Naturally, each selected petition must comply with filing requirements, including proving eligibility for petition approval based on regulatory and statutory requirements.
For the second selection, updated fees are required, or petitions will not be selected. The new fee requirements went into effect on April 1, 2024. In addition, there is an updated form I-129, Petition for Nonimmigrant Worker, with a 04/01/24 date. This is the only form that will be accepted for this second selection. Similarly, updated premium processing fee structures are also in effect if filing Form I-907, Request for Premium Processing Service. That increase when into effect February 26, 2024.
If you have question about the second FY2025 H-1B cap selection process or any other U.S. immigration related issue, contact us. Our team of experienced attorneys work with each client, ensuring all options are reviewed, getting the right advice for their particular situation.
