The H-1B Lottery Season for FY 2025 is Coming : Here's Everything You Should Know

The annual H-1B cap season has begun for FY2025. It involves a two-step process - registration and petition. Now is the time to prepare for registration and address any potential petition issues. Attorneys review issues related to specialty occupations or job titles during the registration step. This is the fifth year using the electronic registration tool. Last year, there were nearly 781,000 registrations for the 85,000 H-1B cap visas available.

We are waiting for USCIS to announce the FY25 registration period, which is expected to be similar to FY24. We are also waiting to see if the selection process will change based on a proposed rule by the Department of Homeland Security. The proposed rule aims to eliminate the advantage of multiple registrations for beneficiaries and address fraud discovered during FY24 registration.

The online registration form, expected to be the same as last year, will ask for basic information about the prospective H-1B employer and employee. Registrations will be for employment periods starting October 1, 2024, the first day of FY25.

• Please provide the employer's name, Federal Employer Identification Number, and primary office address.
• Please provide the contact details of the employer's authorized representative, including their name, job title, daytime phone number, and email address.
• Provide the complete name of the beneficiary, their date of birth, country of birth, country of citizenship, gender, and passport number.
• Please indicate if the beneficiary has obtained a master's or higher degree from an accredited institution of higher education in the United States, and if so, provide details about the degree and the institution.

Employers must file separate registrations for each H-1B worker, with a fee of $10 per registration. Multiple registrations by a single employer for the same individual are not allowed, but individuals can be beneficiaries of registrations filed by different employers. In FY 2024, about 409,000 registrations involved beneficiaries with multiple registrations.

Under the current system, if the number of registrations exceeds the annual cap of 85,000 visas, the USCIS will randomly select candidates who have been registered. If there are not enough registrations, the USCIS may continue accepting submissions or open a new registration period. If a random selection is necessary under the proposed system, it will be based on each unique beneficiary in the registration pool. Once a registration is accepted, the employer has 90 days to file the actual petition. The Registration Selection notice specifies the Service Center for filing the petition.

Employers must plan ahead to file accurate and timely registrations for H-1B employees in FY 2025. Here are our recommendations:

Identify potential H-1B candidates. These can typically include:

• Individuals currently in F-1 student status with an employment authorization document (STEM or non-STEM), or spouses in H-4 status with employment authorization.
• Professional workers from TN NAFTA or E-3 Australian categories who may have an interest in pursuing permanent residence in the United States (it is legally preferable to be in H-1B status before applying for permanent residence).
• Specialized knowledge employees at the multinational professional level under the L-1B visa category.
• Take the time to thoroughly review and finalize job offers, descriptions, and salaries. It is crucial to ensure that job descriptions are comprehensive and clearly demonstrate a direct correlation between the candidate's educational background and the responsibilities of the position. When it comes to salary, it is advisable to consider offering a wage that exceeds the Level 1 prevailing rate, if feasible.
• Additionally, gather all the necessary documents required for the preparation of the H-1B petition. It's essential to have all the relevant paperwork in order to ensure a smooth and efficient process.
• It's important to note that certain entities are exempt from the H-1B cap, such as colleges, universities, nonprofit research organizations, and related establishments. Furthermore, H-1B extension petitions and H-1B "change of employer" petitions for foreign nationals who have already been included in the cap are also exempt from the caps and registration window.

The H-1B program allows U.S. companies to temporarily employ foreign workers in professional occupations that require a bachelor's degree or higher. There is a cap of 65,000 H-1B visas, with an additional 20,000 visas available for those with a U.S. master's degree or higher. Due to the high demand, the USCIS uses a random selection process, known as the "H-1B Lottery," to determine which petitions will be processed.