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KLF Client Alert: H-1B Fiscal Year 2025: What Employers Need to Know and When to Act
 

Welcome to the H-1B Lottery Season!

Klug Law Firm is dedicated to keeping you up to date with key changes to the H-1B Cap Lottery program and suggesting timelines for you to follow to ensure that your employees eligible for the H-1B Cap Lottery are well positioned to be selected in Fiscal Year 2025.

What Are H-1B Visas?

The H-1B employment visas are a cornerstone for foreign nationals in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent. Each year, the United States allocates 65,000 H1B visas for individuals with a bachelor's degree and an additional 20,000 H1B visas for those who possess a master's degree or higher from an accredited and public or other nonprofit U.S. institution of higher education. Notably, certain categories are exempt from the H1B cap, enabling applications at any time.
 

Who Should Act Now?

All employers who currently employ foreign national (noncitizen) employees should go through their list of foreign nationals NOW and determine who is eligible for entry into the H-1B Cap Lottery.  Our firm would be happy to assist you with this analysis.

Generally, you should consider entering into the lottery foreign national employees who are:

  • Recent university graduates employed in F-1 OPT status.

  • In the United States pursuant to L-1B nonimmigrant status and approaching their five year max out date. 

  • In the United States pursuant to H-4 EAD status.

  • In the United States pursuant to TN, E, or O status and will ultimately seek lawful permanent resident status in the United States. 

Contact us today at info@klugfirm.com or (212) 495-9245 so that we can help you identify the employees you should enter into the H-1B cap lottery and assist you with the registration process.

Key Dates and Procedures for FY2025:

Commencing March 2024, USCIS will begin a preregistration selection process for the H-1B lottery.

Important Milestones:

  1. Now (January): Employers must identify individuals they wish to enter into the H-1B Cap Lottery no later than the end of January.

  2. Early March: We file H-1B lottery registrations through the USCIS online portal, myUSCIS, on behalf of our clients during the designated March filing period, yet to be announced.  History tells us it will be the first few weeks of the month.

  3. March 31 - Lottery Selection: USCIS conducts a random lottery based on all electronic registrations.

  4. April 1 - June 30 - File Petitions for Selectees: 90-day window to submit full H-1B petitions; remaining applicants stay in reserve for potential future selections.

Crucial Considerations for Employers:

  • Preference for U.S. Master's Degree: Applicants with a qualifying U.S. Masters degree have a significantly higher rate of selection as they have "two bites at the apple," first with the regular cap lottery, and then again with the separate advanced degree cap lottery.

  • Fee Adjustments: Expect an increase in the US government filing fees for FY 2025.

  • Compliance and Consequences: Employers are subject to fines and penalties for fraudulent practices in the application process.

  • Registration Details: In addition to a bona fide job offer, employer and foreign national particulars are required for entry into the H-1B Cap Lottery. 

  • F-1 Visa Holders Using OPT: If selected in the lottery, filing the H-1B petition before OPT expiration extends work authorization through September 30th as a result of the special "cap-gap" provisions (if H-1B is approved).

  • Degree Completion: Foreign nationals must complete all requirements for their qualifying degrees by the petition filing date.

  • Preparation is Key: Start organizing H-1B lottery lists and necessary documentation NOW for the March 2024 registration.  Don't wait until the last minute.

At Klug Law Firm, we're committed to navigating this process efficiently and ensuring your H-1B applications stand strong against scrutiny.

Please contact us at info@klugfirm.com or (212) 495-9245 for assistance.

You can access our previous Client Alerts
 here.
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This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Klug Law Firm.
 
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Klug Law Firm PLLC · 31 W 34th St Fl 7 · New York, NY 10001-3031 · USA