With the initial FY2025 H-1B registration period now closed, it’s time to plan for the next steps in the process. FY2025 H-1B updates include the closing of the registration period on Monday, March 25, 2024, at noon eastern. Soon, USCIS will randomly select unique beneficiaries from those submitted appropriately. A sufficient number of selections will be made to fill available FY2025 H-1B allocations for cap and master’s cap visas. Prospective petitioners will be notified of selected beneficiaries for which they are eligible to submit an H-1B cap-subject petition. USCIS will publish a web alert when the initial selection process is completed.
Form I-129 Filing Location Update
Among FY2025 H-1B updates are changes to filing locations. From April 1, 2024, H-1B and H-1B1 (HSC) Form I-129 will be rejected if received at a USCIS service center on or after April 1, 2024. No grace period will be available. All H-1B, H-1B1 (HSC) Form I-129 must be filed at USCIS lockbox locations. Cap, non-cap, and cap-exempt H-1B filings are required to follow this process. Specific mailing address for H-1B cap filings are noted on the Form I-129 Direct Filing Addresses section.
If a petition is submitted at the wrong location, the file may be rejected by USCIS. If rejected, no filing date is retained. Petitions may be refiled at the correct location or online. For H-1B cap subject petitions, the 90-day filing window remains in effect, of course.
Updated Fees and Forms
Updated fees are in effect as of April 1, 2024 as well. All petitions marked on or after April 1, 2024 must include the updated fee amounts or they will not be accepted. A new Form I-129, Petition for a Nonimmigrant Workers, with an edition date of 04/01/24 is required. No grace period is available for this document requirement.
- Form I-129 with a 05/31/23 edition date is acceptable if postmarked before April 1, 2024.
- Form I-129 with a 05/31/23 edition date will not be accepted if postmarked on or after April 1, 2024.
- Form I-129 with a 04/01/23 edition date will be accepted if postmarked on or after April 1, 2024.
A preview version of the Form I-129 with a version date of 04/01/23 is available, along with instructions.
The postmark date of a filing will be used to verify correct form and fee submission. The received date will be used for any regulatory or statutory filing requirements.
As a reminder, the updated premium processing fee rule for filing Form I-907, Request for Premium Processing, went into effect on February 26, 2024. If a Form I-907 is received with a postmark date on or after February 26, 2024, and does not include the updated fee, the submission will be rejected with the filing fee returned. If sent by a commercial carrier like UPS, FedEx, or others, the date on the courier receipt is considered the postmark date.
Organizational Accounts and Online Filing
Online filing for Form I-129 and related Form I-907 for non-cap H-1B petitions was introduced on March 25, 2024. As of April 1, 2024, online filing for H-1B cap petitions and related Form I-907 will be available for petitioners with selected registrants. Paper-based submissions for Form I-129 H-1B petitions and related Form I-907 can also be submitted. However, if paper-based filings are submitted, linking that filing to an organizational account is not available.
Prepaid Mailers No Longer Offered
Sending any communication or final notices for any H-1B or H-1B1 (HSC) petitions are no longer used, as of March 25, 2024. With submissions being received either online or a lockbox, the capability no longer exists. Updated will be sent using first-class mail, a fully automated process. Those with MyUSCIS accounts will also receive messages either via email or text when a case status change is made to their account, with a paper notice to follow via mail.
As always, ILBSG actively monitors all updates to U.S. immigration related news and updates. If you have questions about the FY2025 H-1B process or any other U.S. immigration issue, contact us. Our team of experienced attorneys work directly with our clients to ensure they get the right advice.
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