USCIS Announces Critical Dates and Process Updates for FY 2025 H-1B Cap Registration Period

USCIS has announced updates for the FY2025 H-1B cap season, including the open registration period, online filing, and fee increases.

The initial registration period for the FY2025 H-1B cap will run from noon (ET) on March 6, 2024, and through noon (ET) on March 22, 2024. This is the period in which prospective petitioners and representatives may submit their registrations for the FY2025 H-1B lottery.

Prospective petitioners and their representatives (“registrants”) will need to use a myUSCIS online account and new Organzational Account to register each beneficiary electronically for the selection process. USCIS confirmed that the newly announced Organizational Accounts  that will be required for Registration (and ultimately electronic filing) will be made available on February 28.  But both company and legal representatives must wait until March 6 to enter beneficiary information and submit the registration with the $10 per person fee.

WSM will reach out to all its clients with information about planning for the new Organizational Accounts and registration, and once the new platform is launched, will reach out with specific instructions on completing the registrations during the registration window.

While H-1B registration must be submitted via the Organizational Accounts, it will still be possible to file selected H-1B petitions physically, in paper copy.

 

New Final Rule Aimed at Improving the H-1B Registration Selection Process and Program Integrity

USCIS also announced a final rule meant to strengthen the integrity of the H-1B program, with major changes including:

• Adopting a beneficiary-centric approach to registration, meaning that registrations will be selected by unique beneficiary instead of by each registration. In other words, each unique beneficiary should only be counted once, based on their passport number or travel document. If a beneficiary is selected, each registrant that submitted a registration on that beneficiary’s behalf will be notified of the beneficiary’s selection and will be eligible to file an H-1B petition on that beneficiary’s behalf during the 90-day filing period. This shift aims to minimize fraud and provide equal opportunities for each beneficiary.
  • Note: USCIS has no mechanism for letting employers know if their beneficiary has been registered multiple times. Therefore, it is possible that companies may not know if another entity is submitting an H-1B petition on behalf of an individual until after the petition(s) is/are approved and the beneficiary chooses to work for another employer.
• Codifying start date flexibility for certain petitions (i.e. allowing filings with start dates after October 1 of the fiscal year under qualifying circumstances).
• Codifying USCIS’ authority to deny or revoke H-1B petitions if the underlying registration includes false or otherwise invalid information. USCIS may also deny or revoke H-1B petition approvals if the associated registration fee is declined or otherwise deemed invalid after submission.

 

Fees for Fiscal Year H-1Bs

USCIS has also announced its anticipated Fee Schedule final rule. That rule will go into effect after the initial registration period for the FY 2025 H-1B cap. Therefore, the registration fee during the registration period starting in March 2024, will remain $10 per person this year.

However, the new fees will go into effect on April 1, 2024. Therefore, the following fees can be anticipated for FY 2025 H-1Bs:

 

Type of Fee	Current Fee	New Fee
I-129 for H-1 Classifications	$460	$780
H-1B Education/Training Fee	$1500	$1500
Anti-Fraud Fee	$500	$500
Premium Processing (Optional)	$2500	$2805
Asylum Program Fee *New		$600

 

*The $600 Asylum Program fee is new, to be paid by employers with more than 25 employees who file either a Form I-129, Form I–129CW, or Form I-140. Businesses with 25 or fewer employees will pay a $300 Asylum Program Fee instead of the $600 fee, and nonprofits will pay no Asylum Program Fee. The fee will apply to each petition filed.

USCIS is holding at least 18 outreach engagements through H-1B cap season, including biweekly Tech Talks through February to assist stakeholders through these technical platform and process changes. WSM is on it and will continue to monitor for these updates, and will incorporate into our advice as appropriate.

For general information on FY H-1Bs and other topics, please see our FAQs