ARTICLE
12 August 2024

Second USCIS FY 2025 Cap Lottery: A New Opportunity For H-1B Applicants

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Seyfarth Shaw LLP

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In a significant development for H-1B visa hopefuls, the U.S. Citizenship and Immigration Services (USCIS) has completed a second lottery for the Fiscal Year 2025 H-1B cap.
United States Immigration
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In a significant development for H-1B visa hopefuls, the U.S. Citizenship and Immigration Services (USCIS) has completed a second lottery for the Fiscal Year 2025 H-1B cap. The H-1B program enables U.S. employers to temporarily hire foreign workers for roles that typically require at least a bachelor's degree in the specific specialty, or its equivalent. These specialty occupations span a wide range of industries.

Why a Second Lottery?

The second lottery was necessitated by the need to meet the FY 2025 H-1B numerical allocations. After the initial selection process, USCIS determined that additional registrations were required to reach the cap, specifically in the regular cap (non-Master's cap). This second round of selections aims to fill the remaining slots under the 65,000 visa regular cap.

Key Details of the Second Lottery

  • Announcement Date: The second lottery was announced on July 30, 2024.
  • Selection Process: USCIS conducted a randomized selection from the pool of previously submitted registrations. No initial action was required by either petitioners or potential beneficiaries.
  • Selection Date: The second selection was completed on August 5, 2024.
  • Selected Beneficiaries: USCIS selected 13,607 beneficiaries in the second selection.
  • Notification: Selected petitioners have been notified and can now proceed to file H-1B cap-subject petitions.
  • Filing Period: The filing period for the second lottery runs from August 8, 2024, to November 7, 2024.

Impact on Applicants and Employers

This second lottery is a welcome development for both employers and potential H-1B beneficiaries. It provides another chance for those who missed out in the first round, potentially easing the pressure on employers seeking to hire skilled foreign workers. Employers and legal representatives are advised to monitor their USCIS online accounts for updates and to ensure timely filing of petitions. The filing process requires careful attention to detail, including the submission of a printed copy of the registration selection notice along with the H-1B cap-subject petition

What's Next?

As of now, it remains uncertain whether a third lottery will be conducted for FY 2025. Therefore, it is imperative for employers to make the most of this opportunity.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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