United States: Reminder – Second H-1B Cap Petition Filing Period for FY 2025 Closes November 7
October 28, 2024
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At a glance
- Employers have less than two weeks to file petitions for foreign nationals selected in the second FY 2025 H-1B cap lottery – the filing period ends on November 7, 2024.
- It is not yet known whether USCIS will conduct a third lottery for cap employment in FY 2025. The agency is unlikely to announce a third lottery before mid-November at the earliest.
The issue
The second filing period for the Fiscal Year (FY) 2025 H-1B cap season closes on November 7, 2024. Employers should continue working closely with their Fragomen team to prepare and submit a full H-1B cap petition and supporting evidence to the U.S. Citizenship and Immigration Services (USCIS) before the filing window closes. Lottery selections are only valid through November 7, which typically means that USCIS must receive all H-1B cap petitions by that date.
Will USCIS conduct a third cap selection lottery for FY 2025?
The earliest that USCIS could make a decision on a third H-1B cap registration lottery would likely be in mid-November, after the second filing period ends and USCIS can determine whether more registrations must be selected to meet the 85,000 annual H-1B cap.
As a reminder, USCIS holds in reserve registrations that are not selected in the initial H-1B cap registration lottery selection for the applicable fiscal year. During the FY 2021 and 2022 cap seasons, USCIS conducted multiple lottery selections to reach the H-1B cap, but it did not do so during the FY 2023 season. During the FY 2024 cap season, USCIS conducted a total of two lottery selections.
What’s next
Employers should work closely with their Fragomen teams to ensure that H-1B cap petitions can be filed in advance of the November 7 filing deadline. Essential supporting evidence, including company documentation, beneficiary educational documents, and other required documentation, must be collected promptly if it has not yet been gathered. While employers cannot rely on USCIS conducting a third lottery, they should be prepared for the possibility of a third draw on the company’s submitted registrations.
If you have any questions about this alert, please contact the immigration professional with whom you work at Fragomen. This alert is for informational purposes only.
