In March, USCIS conducted an initial random selection on properly submitted electronic registrations for the fiscal year 2025 H-1B cap, including for beneficiaries eligible for the advanced degree exemption. Only those petitioners with selected registrations for FY 2025 are eligible to file H-1B cap-subject petitions during the filing period on their registration selection notice. The initial filing period for those with selected registrations for FY 2025 has passed, as it was from April 1 through June 30, 2024.
USCIS today announced that it would need to select additional registrations to reach the FY 2025 regular cap numerical allocation, but the announcement did not indicate exactly when the second round of selections will take place. As such, USCIS will select additional registrations for beneficiaries from previously submitted electronic registrations using a random selection process, and will notify prospective petitioners, as well as counsel, of those who were selected in this second round. If history is any indicator, it is likely that USCIS will complete the second round of selections within the first 10 days of August. Once the lottery is completed, USCIS will notify the employers of the beneficiaries who are selected, along with their counsel, and the sponsoring employer will have up to 90 days to file an H-1B cap-subject petition for the beneficiary named in the applicable selection notice. USCIS will then announce when it has completed this second round of selections and notifications.
In its press release, the USCIS explained that it will not be conducting a second selection exclusively for the advanced degree exemption (the master’s cap), as enough master’s cap registrations were selected in the first round and a sufficient number of petitions were received based on those registrations, as projected, to meet the FY 2025 masters cap numerical allocation. So the second round of selection for the regular cap will include previously submitted registrations that indicated eligibility for not only the U.S. master’s cap but also those which indicated only eligibility for the regular (bachelor’s) cap.
Those with selected registrations will have their USCIS online accounts updated to include a selection notice, which includes details of filing deadlines and where to file these second round selections.
If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.