Breaking News – July 2024

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Brown Immigration Law

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Brown Immigration Law focuses on delivering successful business immigration solutionsto support employers and foreign talent in a variety of high-growth startups and established businesses across the U.S. and beyond. Our approach is to make the complex, simple - we handle the details so our clients may realize their dreams.
This morning, USCIS released a notice indicating that it has determined the need to select additional registrations for the FY 2025 regular cap numerical allocation.
United States Immigration
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Breaking News – USCIS to Conduct Second Random Selection for FY 2025 H-1B Cap

This morning, USCIS released a notice indicating that it has determined the need to select additional registrations for the FY 2025 regular cap numerical allocation. The Service indicated they would conduct this second draw "soon" and notify prospective petitioners and their representatives of any additional selections via email notification. USCIS will also announce when the second round of selections has been completed.

All registrations not selected during the initial registration period in March 2024 will automatically be considered in the second-round lottery – no further action is required by the petitioner or prospective beneficiary at this time. We will keep a close eye on the status of the lottery and notify clients of any additional selections as soon as we are informed of the results.

For background, this is not the first time USCIS has conducted a second draw to reach the numerical limit for new H-1Bs in a fiscal year. As referenced in our firm's H-1B Cap Memo, except for FY 2023, all years have had at least one additional draw since the beginning of the electronic registration system. It is likely that the second draw this year will be sufficient to reach the annual cap for FY 2025, but subsequent draws are also a possibility, as shown in the historical chart below.

Year Total Eligible Registration Total Selections Number of Draws
2020 (FY 2021) 269,424 124,415 2 (March, August)
2021 (FY 2022) 301,447 131,924 3 (March, August, November)
2022 (FY 2023) 474,421 127,600 1 (March)
2023 (FY 2024) 758,994 188,400 2 (March, July)

** This newsletter/memo is provided for informational and discussion purposes only. It does not act as a substitute for direct legal contact on an individual basis **

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