The U.S. Citizenship and Immigration Services (USCIS) recently announced that it has received sufficient petitions to meet the congressionally mandated caps for H-1B visas for fiscal year (FY) 2025. These caps include the regular allotment of 65,000 visas and an additional 20,000 visas reserved for individuals holding advanced degrees from U.S. institutions, commonly known as the “master’s cap.” This update has important implications for employers, prospective H-1B workers, and current visa holders. Read this blog and reach out to a New York City immigration lawyer from the Lightman Law Firm to learn about what this announcement means and what options remain for individuals navigating the H-1B process.
What Happens if My Petition Was Not Selected?
USCIS has begun issuing non-selection notices to registrants through their online accounts. If you submitted a properly completed registration and were not selected, your account status will indicate “Not Selected.” This means you are not eligible to file an H-1B cap petition for FY 2025 based on this registration.
Are Any H-1B Petitions Still Being Accepted?
While the H-1B cap for FY 2025 has been reached, USCIS will continue to accept and process certain H-1B petitions that are exempt from the cap. These include:
- Extensions: Requests to extend the period of stay for current H-1B workers.
- Amendments: Petitions to change the terms of employment for H-1B workers.
- Employer Transfers: Applications allowing H-1B workers to change employers.
- Concurrent Employment: Petitions enabling H-1B workers to work in additional positions.
If you or your employer are considering any of these actions, timely filing is critical to maintaining compliance with immigration laws.
What Should Employers and Registrants Do Next?
Employers and registrants should monitor their USCIS accounts closely for notification updates. If your registration was not selected, take this opportunity to evaluate future options. Some steps to consider are as follows:
- Planning for FY 2026: Review the H-1B lottery process and ensure timely registration in the next fiscal year.
- Exploring Alternative Visa Options: Other visa categories, such as the O-1 visa for individuals with extraordinary ability, may provide a pathway to work in the United States.
- Considering Green Card Sponsorship: For highly skilled workers, employment-based green card sponsorship might be a viable alternative.
If you have any additional questions about H-1B visas or any pressing immigration matter, please don’t hesitate to contact the Lightman Law Firm today. We stand ready to help you, every step of the way.
