United States: Second random selection for H-1B registrations
In March 2024, United States Citizenship and Immigration Services (USCIS) conducted an initial random selection on properly submitted electronic registrations for the fiscal year 2025 H-1B cap, including for beneficiaries eligible for the advanced degree exemption.
Only those petitioners with selected registrations for FY 2025 are eligible to file H-1B cap-subject petitions during the filing period on their registration selection notice. The initial filing period for those with selected registrations for FY 2025 was from 1 April until 30 June 2024.
Second random selection from previously submitted FY 2025 H-1B cap registrations
USCIS recently determined that it would need to select additional registrations for unique beneficiaries to reach the FY 2025 regular cap numerical allocation.
Soon, USCIS will select additional registrations for unique beneficiaries from previously submitted electronic registrations using a random selection process, and will notify prospective petitioners with selected registrations from this second round of selection that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration. USCIS will announce when it has completed this second process of selections and notifications.
USCIS will not be conducting a second selection for the advanced degree exemption (the master’s cap), as enough master’s cap registrations were already selected and sufficient petitions were received based on those registrations as projected to meet the FY 2025 masters cap numerical allocation.
The second round of selection for the regular cap will include previously submitted registrations that indicated eligibility for the master’s cap along with those that indicated only eligibility for the regular cap.
Those with selected registrations will have their USCIS online accounts updated to include a selection notice, which includes details of when and where to file.
What is the H-1B visa?
The United States’ H-1B program applies to employers seeking to hire nonimmigrants as workers in specialty occupations. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent.
The H-1B classification has an annual numerical limit (cap) of 65,000 new statuses/visas each fiscal year. An additional 20,000 petitions filed on behalf of beneficiaries with a master’s degree or higher from a US institution of higher education are exempt from the cap.
H-1B specialty occupation workers can live and work in the United States for a period of up to 3 years.
Support with H-1B applications
If you need advice or guidance relating to US immigration including H-1B applications, the Global Immigration team at Smith Stone Walters is here to help. To speak to a member of the team, please contact us today.
