DHS Publishes H-1B Modernization Final Rule to Improve Program Integrity and Efficiency

On December 18, 2024, the Department of Homeland Security (“DHS”) published a Final rule in the Federal Register modernizing and increasing the efficiency of the H-1B program, adding benefits and flexibilities, and improving integrity measures. This rule will become effective January 17, 2025.

The final rule imposes changes to the H-1B program and codifies a number of existing rules. We must point out that the final rule is quite lengthy; therefore, our summary does not cover all of the changes. We have outlined a few of the most notable updates and changes below which we feel may be of most interest to our community.

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USCIS Reaches Fiscal Year 2025 H-1B CAP

United States Citizenship and Immigration Services (“USCIS”) announced on December 2, 2024, they had reached the H-1B Cap for fiscal year 2025. The Service reported having received enough petitions to reach the congressionally mandated limits for the H-1B visa regular cap, as well as the advanced degree exemption (master’s cap) for FY2025. USCIS will be sending non-selection notices to registrants through their online accounts “over the next few days.” 

Employers submitted registrations for 442,000 unique beneficiaries during FY 2025 H-1B cap registration period. USCIS went on to conduct two lottery selections, one in March 2024 and another in August 2024. For those not selected, remember there may still be hope.

USCIS Completes Electronic Registration for FY2024 H-B Cap

On March 27, 2023, United States Citizenship and Immigration Services (“USCIS”) announced they had received enough initial electronic registrations for the fiscal year 2024 (“FY24”) H-1B cap, including the advanced degree exemption (master’s cap). Consequently, the Service has notified all prospective petitioners whose registrations were randomly selected that they are eligible to file cap-subject H-1B petitions for the named beneficiary in the selected registration.

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The H-1B Visa Lottery Remains in High Demand, Despite Tech Layoffs

As employers began to register for the Fiscal Year 2024 H-1B cap on March 1, 2023, it is reported that the demand by US employers for high-skilled foreign workers on temporary work visas is expected to reach a new high for the third year in a row. At the same time eligible applicants register for the visa lottery, some current H-1B visa holders in the IT industry are faced with the prospect of having to leave the homes they have created in the US after losing their jobs.

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It’s Time for the H-1B Cap Lottery Again!

US Citizenship & Immigration Services (“USCIS”) just announced that the initial registration period for the fiscal year (“FY”) 2024 H-1B cap will begin at 12pm ET on March 1, 2023, and run through 12pm ET on March 17, 2023. During this registration period, prospective petitioners and representatives will be able to submit their H-1B registrations using their myUSCIS online account and pay the required $10 fee for each registration submitted on behalf of each beneficiary. Registrants will be able to create new accounts beginning at noon EST on February 21, 2023.

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USCIS Has Reached the H-1B Cap for Fiscal Year (FY) 2023

US Citizenship & Immigration Services (“USCIS”) announced they have received a sufficient number of H-1B petitions needed to reach the H-1B cap limit for fiscal year 2023 (“FY 2023”), which runs from October 1, 2022 to September 30, 2023.  This applies to both the congressionally mandated 65,000 FY 2023 regular cap limit, as well as the 20,000 advanced degree (masters) cap exemptions. USCIS confirmed it has “completed sending non-selection notifications to registrants’ online accounts.”

USCIS will continue to accept and process H-1B petitions exempt from the cap including petitions filed for current H-1B workers who have been counted previously against the cap and who still retain their cap number, as well as H-1B petitions for extensions, change in terms of employment, change-of-employer, and concurrent employment. To receive future updates about the H-1B program, USCIS encourages applicants to subscribe to the H-1B Cap Season page.

Combined Filing Fees for H-1B and H-1B1 Petitions and Related Forms will No Longer be Accepted by USCIS

Effective April 1, 2022, US Citizenship and Immigration Services (“USCIS”) will no longer accept “single combined joint fees when Form I-539, Application to Extend/Change Nonimmigrant Status, Form I-765, Application for Employment Authorization, or Form I-824, Application for Action on an Approved Application or Petition” which are filed together with an H-1B or H-1B1 Petition for a Nonimmigrant Worker.

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USCIS Reached H-1B Visa Cap for FY2022

As we start the processing for the new US Citizenship and Immigration Services (“USCIS”) fiscal year (“FY 2023”), US Citizen and Immigration Services (“USCIS”) has confirmed that it has received a sufficient number of petitions needed to reach the H-1B cap limit for fiscal year 2022 (“FY 2022”). This applies to both the 65,000 regular H-1B cap limit as well as the 20,000 advanced degree (masters) cap exemptions. FY2022 runs from Oct. 1, 2021 and ends Sept. 30, 2022. USCIS conducted three rounds of selections from the registrations submitted in March 2021 to reach the FY2022 annual limit and the Service has “completed sending non-selection notifications to registrants’ online accounts.”

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H-1B Cap Registration Period for Fiscal Year 2023 Begins March 1, 2022 (Plus FAQ on the H-1B Cap)

It’s that time of year again! No, not Valentine’s Day; its H-1B Cap Season! US Citizenship & Immigration Services (“USCIS”) recently announced that the initial registration period for the fiscal year (FY) 2023 H-1B cap will begin at 12pm ET on March 1, 2022, and run through 12pm ET on March 18, 2022. During this registration period, prospective petitioners and their representatives will be able to submit their registrations using their myUSCIS online account and pay the required $10 fee for each registration submitted on behalf of each beneficiary.

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Sojourners: “Policymakers Aim To Address 900,000-Person Green Card Backlog.”

The House of Representatives recently passed a measure that would end country-based caps to significantly increase the number of green card holders from certain nations. This proposal, now sent to the Senate, was one of several in Congress competing to address the backlog of more than 900,000 approved employment-based green card applications. Under the measures proposed by Rep. Zoe Lofgren (D-Fla) and by Sen. Mike Lee (R-Utah), the visas would be awarded on a first-come first-served basis, many of which would go to Indian and Chinese nationals.

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