Important Information for H-1B Fiscal Year 2025 and Filing Timelines

Step into the H-1B Lottery Arena!

As we step into the complex world of H-1B visas, the path ahead unfolds with uncertainties and intricacies. The USCIS, in its ongoing efforts, is set to reintroduce the preregistration selection process for the H-1B lottery, starting March 2024.

Demystifying H-1B Visas:

In the realm of professional visas, H-1Bs take the spotlight for foreign nationals seeking roles demanding a minimum of a Bachelor's degree. With an annual cap of 65,000 for Bachelor's degree holders and an additional 20,000 for those with a Master's degree from US non-profit universities, the demand often surpasses the available slots. Certain exemptions exist for categories like transfers, extensions, positions in educational institutions, and roles in non-profit research organizations affiliated with US institutions.

Initiate Your H-1B Journey Now:

While the specifics of the Fiscal Year 2025 lottery are yet to be disclosed by USCIS, we anticipate a process akin to FY2024. The clock is ticking, urging employers to make sponsorship decisions by March 2024.

Entering the Lottery Arena:

During a designated three-week period in March 2024, employers must navigate the USCIS portal (My USCIS) to submit H-1B lottery registrations for potential foreign national hires. A random lottery will then be conducted based on these registrations, with selected candidates granted a 90-day window to submit complete H-1B petitions.

Crucial Registration Details:

The H-1B registration form captures vital information, ranging from employer details such as name, address, FEIN, and signatory information to foreign national particulars like name, gender, date of birth, country of birth and citizenship, passport number, and the possession of at least a Master’s degree from a U.S. institution. Notably, job duties and work site details are not required at this stage, and no Labor Condition Application is needed before registration.

Preferences and Premium Processing:

Candidates with a U.S. Master’s degree enjoy preference in the lottery process. The availability of premium processing for FY2025 selectees is yet to be confirmed.

Financial Considerations:

Last year's $10 fee per application is expected to rise for FY2025. Employers must exercise caution to avoid fines and penalties for fraud by refraining from submitting multiple applications without following through with complete filings if chosen.

For F-1 Visa Registrants:

Those on F-1 visas utilizing OPT for employment can extend their OPT work authorization through September 30th if their H-1B application is chosen and filed before the OPT expiration date.

Degree Requirements:

Foreign nationals must possess their qualifying degree at the time of filing the full H-1B application. While those nearing graduation with a Bachelor’s degree can register and use the 90-day window if selected, it's crucial to note that the registration specifically inquires about possession of a current U.S. Master’s degree.

Preparations for Employers:

strongly advised to commence preparations for their H-1B lottery lists well in advance of the March 2024 registration period. Participation in the lottery should only be considered if there is confidence in the application's approval.

Identifying Candidates for Filing:

In anticipation of the upcoming process, employers are encouraged to assess their current workforce, focusing on individuals engaged in F-1 Optional Practical Training, including those with active STEM extensions. Consideration should also extend to individuals to be recruited from overseas for professional positions within the United States.

In the intricate dance of the H-1B lottery, preparedness and attention to detail stand as the guiding lights. As we navigate these intricate steps, we move towards a future where skilled foreign professionals find their place in the dynamic landscape of the U.S. workforce.