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Regulatory Updates: H-1B Visa Lottery and Forms Developments

On April 1, 2024, USCIS issued several alerts about the H-1B visa program:

H-1B Initial Electronic Registration Selection Process Completed

USCIS announced the agency received sufficient registrations for unique beneficiaries to fill the numerical allocations for the H-1B cap and the advanced degree cap (master’s cap). USCIS randomly selected enough unique beneficiaries to meet the cap and notified prospective petitioners. The new regulation allows any or all registrants for the selected, unique beneficiary to file a petition.

TechServe’s Government Affairs Team would like to hear from members how this process worked, especially when multiple registrants submitted petitions for a selected beneficiary. Please email us at [email protected].

FY 2025 H-1B Cap Petitions May Be Filed Starting April 1

USCIS’s April 1 alert reminds us that ” only petitioners with registrations for selected beneficiaries may file H-1B cap-subject petitions for FY 2025.” More information is posted here.

New Fees and Forms Take Effect April 1

In January 2024, USCIS finalized a new Fee Rule dramatically increasing the fees for filing H-1B forms and submitting visa lottery registrations. Registrations filed for the FY 2025 cap season, submitted before April 1, 2024, were subject to the pre-existing $10 per registration fee. Beginning April 1, 2024, the new registration fee is $215. The increased fees for the other forms, including the new asylum fee, also take effect on April 1, 2024.

 

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