USCIS Issues Alert on New H-1B Visa Regulations: Incomplete Applications Face Rejection

Key Takeaways

  • The initial registration period for the fiscal year H-1B cap season closed on March 25, according to the United States Citizenship and Immigration Services (USCIS).
  • USCIS will soon randomly select beneficiaries to fulfill the H-1B cap for FY 2025 and notify selected petitioners to file an H-1B cap-subject petition.
  • Additionally, starting April 1, 2024, USCIS has revised the filing location for H-1B and H-1B1 Form I-129 petitions, requiring all paper-based filings to be submitted at USCIS lockbox locations.

The United States Citizenship and Immigration Services (USCIS) has announced that the initial registration period for the fiscal year 2025 H-1B cap season closed at noon Eastern on March 25.

Through a statement, the USCIS said that it will soon randomly select enough beneficiaries to reach the H-1B cap, VisaGuide.World reports.

USCIS will soon randomly select enough unique beneficiaries of properly submitted registrations projected as needed to reach the FY 2025 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap), and will notify all prospective petitioners with selected beneficiaries that they are eligible to file an H-1B cap-subject petition for such beneficiaries.

USCIS

The agency emphasized that it will issue another web alert when this process has been completed.

Change in Filing Address for H-1B Form I-129

Starting from April 1, 2024, USCIS has revised the filing location for H-1B as well as H-1B1(HSC) Form l-129 petitions. The agency emphasized that from the same date, all paper-based H-1B or H-1B1 (HSC) petitions must be filed at USCIS lockbox locations, including cap, non-cap, and cap-exempt H-1B filings.

The agency emphasized that it will reject H-1B or H-1B1 (HSC) petitions received at a USCIS center on or after April 1, 2024, stressing that there will be no grace period provided.

USCIS has specific mailing addresses for cases that are subject to the H-1B cap. To find the correct mailing address for H-1B cap cases, applicants should check the Form I-129 Direct Filing Addresses page provided by USCIS. The agency emphasized that if a petition is filed at the wrong location, the petition may be rejected.

Rejected petitions will not retain a filing date. If we reject a petition because it was filed at the wrong location, it may be refiled at the correct location or online. H-1B cap-subject petitions may be refiled at the correct location or online as long as the petition is refiled during the designated 90-day filing window listed on the selection notice.”

USCIS

Effective April 1, 2024, USCIS will enforce new fees for immigration applications and petitions as per a final rule published in January this year.

Petitions mailed on or after April 1, 2024, must include the new fees or otherwise will not be accepted. Besides, a new edition of Form I-129, Petition for a Nonimmigrant Worker, dated 04/01/24, must be used with the new fee calculation. There won’t be any grace period for using the old version.

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