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FY 2025 H1B cap season begins
FY 2025 H-1B Cap Initial Registration Period
The initial registration period for the FY 2025 H-1B cap season will open at noon EST on March 6, 2024, and run through noon EST on March 22, 2024. Prospective employers and their representatives must use a USCIS online account to register each beneficiary electronically for the selection process and pay the registration fee for each beneficiary.
Starting this FY 2025 initial registration period, registrants will be required to provide valid passport information or valid travel document information for the beneficiary. This passport or travel document must be the one the beneficiary, if or when abroad, intends to use to enter the U.S. if issued an H-1B visa. Each beneficiary must only be registered under one passport or travel number.
H-1B Fee Schedule Final Rule
The USICS announcement[1]includes the Fee Schedule final rule[2], which will go into effect after the initial registration period for the FY 2025 H-1B cap. Since it will go into effect after the initial registration period, the registration fee during the registration period starting in March 2024 will remain $10. However, after the March registration period, the H-1B registration fee will increase to $215.
The Form I-129, Petition for a Nonimmigrant Worker, fee which is currently $460 for all H-1B applications will be $780, unless the employer is classified as a small employer or non-profit. If a small employer, defined as employers with 25 or fewer full-time employees or a qualified non-profit[3], the Form I-129 fee will remain $460.
Online Filing and Organizational Accounts
On February 28, 2024, USCIS is launching new organizational accounts in the USCIS online account[4]. These organizational accounts will allow multiple individuals within an organization, such as a company or other business entity, and their legal representatives to collaborate on and prepare H-1B registrations, Form I-129, Petition for a Nonimmigrant Worker, and associated Form I-907, Request for Premium Processing Service.
U.S. employers and U.S. agents, collectively known as “registrants”, and their legal representatives will be able to create their new “organizational” accounts beginning at noon EST on February 28, 2024. Those who have an existing registrant account can easily upgrade to an organizational account instead of creating a new account. Additionally, your legal representative may add you to their account at any time.
Also on February 28, 2024, USCIS will launch online filing of Form I-129 and Form I-907 for non-cap H-1B petitions. On March 6, 2024, both representatives and registrants will be able to enter beneficiary information and submit the registration with the $10 fee. Then, starting April 1, 2024, USCIS will accept online filing of Form I-129 for H-1B cap petitions and associated Forms I-907 for those whose registrations have been selected, and who chose the online filing option. Importantly, starting April 1, 2024, only the new edition of the Form I-129 (the 04/01/2024 edition) will be accepted.
How to Prepare for the FY 2025 H-1B Cap Season
In addition to identifying professional beneficiaries under the new “beneficiary-centric” lottery system, employers should decide who will establish the organizational account within their organization. This individual should have the authority to sign, pay, and submit documents on behalf of the company.
Employers who already have a myUSCIS registrant account will not need to create a new account to access the new features once they are live. USCIS has stated that employers can login to their existing account and “upgrade” it by following a set of instructions that will be provided.
Cooper Immigration Law PLLC is available to assist US employers navigate the new changes to the H-1B program.
[2] https://www.federalregister.gov/d/2024-01427
[3] https://www.federalregister.gov/d/2024-01427
Background
The H-1B visa program allows U.S. employers to temporarily employ foreign workers in "specialty occupations". A specialty occupation is typically one that requires at least a bachelor's degree or higher to perform the job. The duration of stay is three years, renewable to six years, and possibly longer. This work visa is popular in STEM fields and others which require a high level of professional skill and knowledge. There are 60,000 visas available under the regular cap and an additional 20,000 visas available for those who have Master's degrees or higher from an accredited US institution of higher education in the US.
The H1B program is a highly regulated visa program. The offered wage must comply with the prevailing wage and the terms of conditions of employment must be vetted by the US Department of Labor, and ultimately USCIS. The program affords US employers, especially in IT and STEM fields, to maintain their competitiveness by attracting and retaining top talent.
How to Prepare for the H1B season
Cooper Immigration Law PLLC can assist US employers with the account registration process, closely monitor the registration process and prepare and file the H1B petition, once the candidate has been selected for the H1B lottery. To begin, plese complete the following checklists:
US Employer:
https://app.docketwise.com/en/intake_types/19870/edit
Foreign National Employee:
22 Additional STEM Fields for OPT
On January 21, 2022, the Department of Homeland Security announced 22 new & emerging fields of study to be included in the STEM Optional Practical Training (OPT) program. The program permits F-1 students earning Bachelors, Masters, and Doctorates in certain STEM fields to remain in the United States for up to 36 months to complete Optional Practical Training after earning their degrees. The added fields are: bioenergy, general forestry, forest resources production and management, human-centered technology design, cloud computing, anthrozoology, climate science, earth systems science, economics and computer science, environmental geosciences, geobiology, geography and environmental studies, mathematical economics, mathematics and atmospheric and oceanic science, general data science, general data analytics, business analytics, data visualization, financial analytics, other data analytics, industrial and organizational psychology, and social sciences, research methodology, and quantitative methods.
Other Measures to Attract and Retain STEM talent
Also on January 21, 2022, the White House announced other measures to attract and retain STEM talent to support U.S. economic growth and global technological competitiveness. These include updating the adjudication criteria and the types of acceptable evidence considered for O-1 visas and National Interest Waivers. CIL will continue to closely track updates and changes to these visa options.