H-1B CAP Information
H-1B CAP FY 2025 – Summary Overview
On January 30, 2024, USCIS announced a series of changes that will impact the FY2025 H-1B registration system and cap filing season.
- H-1B Registration Final Rule
- DHS posted a final rule revising the H-1B Registration System and it is set to be published on February 2, 2024.
- USCIS published the revised Fee Schedule final rule, which will go into effect on April 1, 2024. All H-1B petitions postmarked on or after April 1, 2024, will be required to pay the following new fees:
- Form I-129
- $780 for employers with 26 or more Full-Time Employees (FTEs)
- $460 for small employers (25 or fewer FTEs) and nonprofit entities
- Asylum Program Fee – This is a new fee that will be assessed on all Form I-129 and I-140 petitions to help cover the costs of asylum adjudications. This fee should also help free up SCOPS and FOD resources that have been diverted from EB adjudications to asylum adjudications.
- $600 for employers with 26 or more Full-Time Employees (FTEs)
- $300 for small employers (25 FTEs or less)
- $0 for nonprofit organizations
- Form I-129
- The FY2025 Initial H-1B registration period will run from 12 noon (ET) on March 6, 2024, through 12 noon (ET) on March 22, 2024.
- Registrants may begin creating or upgrading to the new organizational accounts as of 12 noon ET on February 28, 2024.
- Online filing for organizational accounts will launch on February 28, 2024, for non-cap H-1B petitions.
- Organizational accounts will replace registrant accounts and will be required during the registration period.
- Accounts may begin to be created, or updated as appropriate, but must wait until March 6 to enter beneficiary information.
- H-1B cap subject online filing will open on April 1, 2024.
The Beneficiary Centric Approach to H-1B CAP Selection – A Quick Overview
We are given to understand that under the new system, the agency will run the H-1B selection process based on the beneficiary’s valid passport number, or the number of another valid travel document, regardless of the number of employer H-1B registrations submitted on behalf of an individual beneficiary. Beneficiaries who are selected will be counted only once for purposes of the H-1B cap regardless of how many employers submitted registrations for that beneficiary.
Example: Four employers submit an H-1B lottery registration for potential worker Ram Kumar. In each case, Ram Kumar’s information is entered into the registration system based on his valid passport number and counted once for purposes of the regular lottery (he does not hold a U.S. advanced degree). If Ram is selected, USCIS notifies all four employers of the selection and their eligibility to file an H-1B petitions to benefit Jane. If all four employers file H-1B petitions on his behalf during the 90-day filing period and all are approved, Ram would have the ability to choose to accept any of the four positions, regardless of the date that the employers’ H-1B petitions were filed or approved. Each approval would stand on its own and the withdrawal of one or more approvals would not impact the other approved petitions.
H-1B CAP Registration Information
Please visit the USCIS H-1B Registration Page for the latest information. In order to submit an H-1B registration, you must first create a USCIS online account.
Registration Selection Notifications
As stated on the USCIS website, the Service intends to notify registrants and their representatives with selected registrations via their USCIS online accounts.
A registrant’s USCIS online account will show one of the following statuses for each registration:
- Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.
- Selected: Selected to file an H-1B cap petition.
- Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration.
- Denied: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.
- Invalidated-Failed Payment: A registration was submitted but the payment method was declined, not reconciled, or otherwise invalid.
H-1B cap-subject beneficiaries, including those eligible for the advanced degree exemption, must have a valid “Selected” registration notification for that specific fiscal year in order for a registrant or representative to properly file an H-1B cap-subject petition. The status of registrations that are not selected as part of any initial random selection process, and not denied or invalidated, will remain as “Submitted.” Registrants and representatives that are not selected will not be notified until after USCIS has determined that they have reached the H-1B cap for that fiscal year.
Kidambi & Associates has started processing H-1B CAP petitions for this year and we encourage you to contact us early to initiate processing. Please sign up for updates from our office below.
If not familiar with our CAP intake process, kindly contact us for process steps and checklists. Congress set the current annual cap for the H-1B category at 65,000. Not all H-1B nonimmigrant visas are subject to this annual cap. Please note that up to 6,800 visas are set aside from the 65,000 each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore free trade agreements. Unused visas in this group become available for H-1B use for the next fiscal year. An additional 20,000 H-1B petitions are set aside for the U.S. advanced degree exemption.
Important Notes for this year:
1. Candidate Backgrounds and documentation:
* Ensure degrees are related (in the relevant field) and candidates have submitted copies of all degrees and transcripts;
* where the degree is an unrelated field, the candidate must possess a minimum of three years of experience in the field to qualify for the position
* Letters of experience must be detailed and provide progressive experience and skills used. Additional care must be taken to provide exact dates of prior employment
* An evaluation of education and experience will be required to complete the process and takes additional time
* Please upload documentation as one continuous feed as opposed to multiple documents
* Review your scans to ensure they are legible and the seal of the university is clearly visible with date of graduation on the degree certificate
* Do no upload extraneous certificates (e.g., best student award, most valuable employee certificate, etc.)
2. Salary:
* The USCIS is evaluating positions based on salary. Level 1 salaries for a majority of technology related positions are no longer considered to be acceptable for H-1B positions
3. Master’s CAP
* Candidates eligible for the Master’s CAP must already have the degree certificate, or obtain a letter from the registrar confirming that all of the degree requirements have been met. If the educational institution does not have a registrar, then such a letter must be signed by the person in charge of educational records where the degree will be awarded.
* Please have the candidate obtain all copies of prior I-20s and proper endorsement if the candidate is currently employed on a CPT
* Additionally, provide proof that the candidate’s school is authorized to grant CPT and is an integral part of the curriculum
* CPTs issued immediately upon joining a program of study are suspect and may not be valid
* Multiple CPT/OPT candidates will run into additional scrutiny
4. Consulting Companies
* Must document “Right to Control” the work assignment; letters, emails or other forms of acknowledgment must be submitted in advance
* Documentation of employer-employee relationship must be submitted (contracts through the chain to the end-client)
* Additionally, check and ensure the employer’s VIBE profile is updated and reflects accurately the current profile of the Company
* All online profiles of the Company must the most recent information. Check FB, Linkedin, D&B prior to filing
5. Checks
* Checks should preferably be printed and contain accurate information
* Checks should be printed with MICR ink
* Make all checks payable to U.S. Department of Homeland Security
* Checks should be recently dated for April 1st filing; US Postal Money Orders are the only acceptable alternative
6. Recently Incorporated Entities
* Please immediately schedule an appointment to go over requirements
* Establish a D&B number and VIBE profile
* Establish an online presence
* Obtain a professional business plan and be prepared to establish qualifying H-1B work
We look forward to working with you again!
FAQ
There is no way to sponsor yourself on an H-1B. It must and can only be through a U.S. Employer.
Please read our blog post- Ensuring Your H-1B Cap Subject Petition is Properly Filed
The regulations allow an individual in H-1B to work two or more jobs by filing an H-1B petition for “concurrent employment”. We could assist you with this process if the job rises to the level of a specialty occupation and your employer is willing to file a concurrent H-1B petition on your behalf.
Q: My wife just joined a new company and received new I94 which has expiration date of March 2015. However she is approaching her maxout time period of 6 years and maxout date falls in Oct 2014. Based on new I 94, does this mean her maxout date is March 2015 and not Oct 2014? or could USCIS provided an incorrect I94 expiry date?
A: The March expiration date is an USCIS error. You should not assume your wife has until the expiration, but rely on the earlier max out date to make plans.
The key is to document the existence of an “Employer-Employee Relationship” and the ability of your employer to control your employment at the client site.
This may be documented through a letter(s) from the End Client, or a chain of contracts from the employer to the end client.
I came in United States in February 2013 with Employer A (H1 B valid till Sept 2015) and joined Employer B in November 2013(Got new H1 B visa valid till September 2016). In December 2013 went to India for vacation and did not get my visa stamped with new employer(B)… because my old stamp was good till September 2015.. so I traveled on Old visa.. at port of entry the officer gave me I-94 with validity of old visa (which is Employer A valid till September 2015). Now I got another job and I want to transfer my visa.
1. Is there any problem in doing that..?
A. >>There is no problem moving to a new employer in the situation described below.
2. Which I -94 should I give for my transfer (the one I got from new employer transfer or the one get while I enter in US after my vacation?
A. >>You should submit the I-94 that your obtained upon reentry. However, the earlier approval (Company B) along with I-94, should be included in the petition package.
The I-94 is known as the arrival-departure record and will be taken from you at the POE (Airport).
A photocopy should be sufficient.
Two distinct employers would be treated as having filed two distinct petitions. The two should be completely unrelated and not rely on the same end client documentation/contract(s).
Unless there is a specific instance of fraud, the USCIS does not randomly call employers to verify the contents of an experience letter.
USCIS FAQs on employment authorization for certain H-4 dependent spouses can be found here.