USCIS Will Conduct Second FY 2025 H-1B Cap Lottery

USCIS has announced that it will soon conduct a second round of H-1B cap lottery selection for fiscal year (FY) 2025 H-1B cap from the previously submitted registrations. USCIS has not indicated when the lottery will take place, but stated that all employers with selected registrations from the second lottery will be notified through their USCIS online accounts. Employers with selected registrations will be able to file an H-1B petition for the beneficiary of a selected registration during the 90-day period to be specified by USCIS.

USCIS will not be conducting a second selection for the advanced degree exemption (the master’s cap), as this cap already has been met. However, the second round of selection for the H-1B cap will include registrations that were eligible for the master’s cap as well as the regular cap.

As previously reported, USCIS conducted its initial H-1B cap lottery in March 2024, and selected employers had a 90-day window during which to file H-1B cap petitions for selected beneficiaries. A second lottery selection will be conducted because the number of H-1B petitions ultimately submitted and approved during the initial H-1B filing period were not sufficient to meet the annual statutory H-1B cap. H-1B cap registrations that were not selected in the initial lottery remained in a reserve and the second lottery will be conducted from this reserve.

WHAT THIS MEANS FOR EMPLOYERS AND FOREIGN NATIONALS:

• Employers with selected registrations will see updates in their myUSCIS accounts, including a selection notice and details of when and where to file the H-1B cap petition.
• Only employers with selected registrations may file H-1B cap-subject petitions for FY 2025 and only for the beneficiary named in the applicable selected registration notice; no substitution of beneficiaries is permitted.
• An H-1B cap-subject petition for a selected registration must be properly filed within the filing period to be specified on the relevant registration selection notice.
• Registration selection only indicates that employers are eligible to file H-1B cap-subject petitions; it does not signify that the petition will be approved.
• Petitioners filing H-1B cap-subject petitions must submit evidence and establish eligibility for approval based on existing statutory and regulatory requirements.

For more information, please contact your designated Gibney representative or email info@gibney.com.