FY2025 H-1B CAP Subject H-1B Filing Season
The FY2025 H-1B cap-subject H-1B filing season is in full-swing! In early April, USCIS completed H-1B selections, notifying employers and legal representatives of selections from both the regular and advanced-degree lottery. On April 30, 2024, USCIS reported a “significant decrease in the total number of registrations submitted compared to FY2024” and announced an overall selection rate of approximately 26%. MVA clients saw a higher-than-average selection rate with an overall 34% selection rate. Eligible registrations for individual workers with multiple lottery submissions filed on their behalf by employers also dropped by more than 88% from last year. According to USCIS, the decreased registration numbers and decreased multiple submissions for FY 2025 is indicative that the newly implemented beneficiary-centric selection process was an effective integrity measure.
As a reminder, USCIS implemented major changes to the registration process for FY2025, the primary goals of which were to:
- Strengthen integrity and Reduce fraud; and
- Improve upon the “Digital Handshake” process between employers and their legal representatives by creating Organizational and Legal Representative Accounts.
The final rule implemented a beneficiary-centric selection process to ensure that each beneficiary would have the same chance of being selected, regardless of the number of registrations submitted on their behalf. The final rule contains provisions that created start date flexibility for certain petitions subject to the congressionally mandated H-1B cap and added more integrity measures related to the registration process. Starting with the fiscal year (FY) 2025 initial registration period, USCIS required registrants to provide valid passport information or valid travel document information for each beneficiary.
These changes had a significant impact. Bloomberg reports that duplicate submissions for individual workers in the annual H-1B visa lottery cratered after the government revamped the selection process for specialty occupation visas this year. However, whether or not the decrease can be directly attributed to the new rules, a downturn in market dynamics, or a combination of factors remains to be seen.
MVA thanks you for your patience and partnership as we navigated the new registration system together. We are hopeful USCIS will continue to build upon the new system to improve the transfer of critical information inputted by employers to their legal representatives. We will work behind the scenes to advocate through the necessary channels for these improvements.
USCIS Significantly Increased USCIS Filing Fees for the First Time Since 2016
U.S. Citizenship and Immigration Services (USCIS) published a final rule increasing filing fees, in some cases significantly, for many nonimmigrant and immigrant petition filings, which took effect on April 1, 2024. In addition to increased filing fees for many employment-based petitions, the rule also increased the premium processing timeframe from 15 calendar days to 15 business days, unbundled filing fees for adjustment of status applications and ancillary work and travel authorizations and incorporated biometrics fees into the main filing fee in most cases. Additionally, Forms I-129 and I-140 will be subject to a new Asylum Program Fee of $600 for most Petitioners. Non-profit organizations will be exempt from paying this fee and small employers (25 or fewer full-time equivalent employees) will pay a reduced fee of
$300. The most impactful changes that will be felt by MVA clients/employers relate to Form I-129 which is submitted in connection with most nonimmigrant visa requests. The fee will now vary according to the type of nonimmigrant status requested. For H-1Bs, the fee was increased to $780 (up from $460). The L-1 fee was increased to $1385 (from $460). Again, certain small employers and nonprofits will be subject to reduced fees. The new 45 page Fee Chart can be found here: Form G-1055, Fee Schedule (uscis.gov) and FAQs can be found here: Frequently Asked Questions on the USCIS Fee Rule | USCIS
USCIS Announces New Guidance on Form I-693 Validity Period
USCIS announced that any Form I-693, Report of Immigration Medical Examination and Vaccination Record, that was properly completed and signed by a civil surgeon on or after Nov. 1, 2023, does not expire and can be used indefinitely as evidence to show that the applicant is not inadmissible on health-related grounds. This is great news as green card application processing times continue to linger which often forced applicants to obtain (and pay for) a new medical exam as they approached adjudication. MVA resumes the recommendation to file the medical exam with the original adjustment application.
Stateside Visa Renewal Pilot Program
On January 29, 2024, DOS started a pilot program that allowed certain H-1B visa holders to renew their visas online without having to leave the United States to visit an embassy or consulate abroad. The program was available only for individuals whose last H-1B visa was issued in India or Canada. The Department of State concluded the pilot program on 04/01/2023. We will send updates on the findings of the program and any news on an expanded stateside visa program in future client alerts.
USCIS Revives 540 Day Auto-Extension for Certain EAD Renewals
On April 8, 2024, USCIS published a Temporary Final Rule (TFR) in the Federal Register that would again increase the auto-extension period for certain employment authorization documents from 180 days to 540 days, despite its significant efforts to reduce processing times for Employment Authorization Documents (Form I-765, Application for Employment Authorization; hereinafter “EAD”) over the past year. The Rule increases the EAD auto-extension duration period for the following applicants:
- Any eligible applicant who filed their Form I-765 to renew their EAD on or after October 27, 2023, and whose application remains pending as of April 8, 2024; and
- Any eligible applicant who files a Form I-765 on or after April 8, 2024, but before September 30, 2025.
Employers should note F-1 STEM OPT applicants are not among those eligible for the automatic 540 day extension. However they ARE eligible for an automatic extension of 180 days, if the extension application is timely filed and the OPT time expires while the extension application is pending. For a listing of Eligible Applicants, please click here: Automatic Employment Authorization Document (EAD) Extension | USCIS
USCIS Launching a Pilot of E-Verify+ in Spring 2024
USCIS announced that it will be launching a pilot of E-Verify+ in 2024. The agency states that E-Verify+ will streamline the Form I-9 and employment eligibility verification process. The agency has also provided a short video overview of the upcoming system.
“It is a riddle wrapped in a mystery inside an enigma.” These famous words uttered by Winston Churchill in 1939 perfectly describe what it can be like when dealing with US immigration issues. Don’t get lost in the riddle wrapped mystery of the US immigration process. Reach out to us. We are here to help!
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