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Reminder – FY 2025 H-1B Cap Petition Filing Period Closes June 30

Employers have just two more weeks to file petitions for foreign nationals selected in the FY 2025 H-1B cap lottery before the end of the filing period on June 30, 2024. It is not yet known whether USCIS will conduct a second lottery for cap employment in FY 2025. The agency is unlikely to announce a second lottery before July at the earliest, after it determines whether a sufficient number of H-1B cap petitions were filed by June 30 to meet the annual limit of 85,000.

The issue

The filing period for the Fiscal Year (FY) 2025 H-1B cap season closes on June 30, 2024. Employers should continue working closely with their immigration counsel 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 June 30, which typically means that USCIS must receive all H-1B cap petitions by that date.

Will USCIS conduct a second cap selection lottery for FY 2025?

The earliest that USCIS could make a decision on a second H-1B cap registration lottery would be in July, after the initial filing period ends and USCIS can determine whether more registrations must be selected to meet the 85,000 annual 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 immigration teams to ensure that H-1B cap petitions can be filed in advance of the June 30 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 second lottery, they should be prepared for the possibility of a second draw on the company’s submitted registrations.

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