The start of 2024 brings with it the start of what is often known as “H-1B cap season” where employers and immigration counsel begin to make preparations for submitting H-1B registrations for eligible employees Therefore, in anticipation of the FY2025 H-1B cap pre-registration period, which is expected to be in March 2024, it is important for employers to start preparing by identifying employees who may benefit from H-1B sponsorship.
The pre-registration period is expected to last three weeks, during which time employers will be able to file an H-1B lottery registration for each foreign national they wish to sponsor for an H-1B visa. Employers must register for any individual they wish to sponsor in FY2025 (October 1, 2024 to September 30, 2025) during the fixed three-week period in March 2024, as such advanced planning is important and discussions should be had with HR, managers, and other stakeholders within the company to ensure all potential candidates for H-1B registration submissions are identified so their documentation can be provided to immigration counsel for review and processing before the registration window opens.
When identifying potential H-1B registration candidates, employers need to consider both current and potential new employees being hired before March 1, 2024, who would benefit from an H-1B visa. For these individuals, H-1B status could be an important tool for remaining in the U.S. or for avoiding travel restrictions and employment authorization lapses while undergoing green card sponsorship. Employees who would likely benefit from H-1B sponsorship include:
Individuals who registered for but were not selected in the FY2024 H-1B lottery;
Individuals currently engaged in Optional Practical Training (OPT) or in STEM OPT, for whom an H-1B visa could extend their stay;
Individuals currently on strictly nonimmigrant visas (F-1, TN, E-3, H-1B1, for example) who are currently or will shortly commence green card sponsorship; and
Individuals working pursuant to dependent employment authorization, like those in H-4, E-3D, E-2S, or L-2S status, whom an H-1B visa would allow to continue employment regardless of changes to their spouse or parent’s immigration status.
We expect that USCIS will utilize an electronic pre-registration process, as it did for the FY2024 H-1B lottery. Employers (or their legal representatives) must first complete an online registration in which they provide initial eligibility information about the petitioning company and each employee they wish to sponsor. Once the electronic registration process is complete, USCIS will use the information to run the H-1B lottery. From there, only those foreign nationals selected through the electronic registration process will be eligible to file H-1B cap-subject petitions. It is expected that individuals selected will be able to submit cap-subject H-1B petitions on or after March 31, 2024, and that the window for filing H-1B petitions for selected individuals will remain open for a period of at least 90 days.
Please note that the above is for informational purposes only and does not constitute legal advice. For specific questions about how to prepare for the FY2025 H-1B Cap Lottery, please contact your team at D&S.