USCIS Announces Second Random Selection for Cap from FY 2025 H-1B Registrations
In a significant development for the H-1B visa program, the U.S. Citizenship and Immigration Services (USCIS) has announced (here) that it will conduct a second random selection process for the Regular Cap of the Fiscal Year 2025 H-1B visa category. This move comes as a relief to many applicants who were not selected in the initial lottery and are still hopeful for an opportunity to secure an H-1B visa.
What is the H-1B Visa Program?
The H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations that require theoretical or technical expertise. Common fields include information technology, engineering, and other professional areas.
Each fiscal year, the H-1B visa program is subject to a cap, or limit, on the number of new visas issued. For FY 2025, the cap is set at 85,000 new H-1B visas: 65,000 under the Regular Cap and 20,000 under the Advanced Degree Exemption, which is available to individuals with a U.S. master’s degree or higher.
What Does the Second Random Selection Mean?
In the initial lottery, USCIS randomly selected a certain number of registrants for the H-1B lottery. However, the number of selected petitions often exceeds the cap, leading to a need for additional selections to ensure all available visas are allocated.
The second random selection is essentially a supplementary lottery. It allows USCIS to draw from the pool of previously submitted registrations that were not selected in the first round. This additional selection process helps fill any remaining slots for the Cap.
Why is This Happening?
The need for a second random selection often arises due to several factors:
- High Volume of Applications: The number of H-1B registrations typically exceeds the cap, necessitating multiple rounds of selections to manage the high demand.
- Petition Withdrawals or Rejections: Some selected petitions may be withdrawn or rejected due to various reasons, such as an employer’s change in plans or issues with the application itself. A second round helps to fill these vacated slots.
- Unpredictable Factors: Fluctuations in the number of petitions and other administrative factors can make additional selections necessary to meet the visa cap.
What Should Applicants Do?
For applicants who were not selected in the first round, there are a few steps to consider:
- Stay Informed: Keep an eye on announcements from USCIS for details on the timing and process of the second random selection.
- Consult an Immigration Attorney: An immigration attorney can provide guidance on how to handle the second selection process and advise on alternative visa options if necessary.
- Prepare for Possible Outcomes: If not selected in the second round, consider other visa categories or explore options for the next fiscal year.
The USCIS’ decision to conduct a second random selection for the FY 2025 H-1B Cap is a positive development for many hopeful applicants. It offers another opportunity for those who were not selected initially to secure an H-1B visa and pursue their professional goals in the United States.
For employers and applicants alike, staying informed and prepared is key to navigating the H-1B visa process successfully. As always, consulting with immigration professionals can provide valuable assistance and ensure that all potential avenues are explored.
H-1B Lawyer Cost – Lally Immigration Services, LLC
Lally Immigration Services, LLC charges a flat fee of $2,550 to prepare an H-1B petition. Employers are responsible for the various filing fees. See (here).
To initiate the process, please email H-1B lawyer, Dayna Lally, at [email protected]. Consultation fees may apply.
Disclaimer: This blog article is provided by Lally Immigration Services, LLC for informational and marketing purposes. This article does not constitute legal advice, nor does it establish an attorney-client relationship. No reader should act, or refrain from acting, on the basis of any information presented in this article, or elsewhere on this website, without seeking the advice of appropriate legal counsel, or other professional counsel, licensed in the relevant jurisdiction. Lally Immigration Services, LLC expressly disclaims any and all liability with respect to any actions taken, or not taken, based on any content of this article or website. Prior results do not guarantee a similar outcome.
Last Reviewed/Updated: 07/30/2024
