USCIS Reaches Fiscal Year 2025 H-1B CAP

United States Citizenship and Immigration Services (“USCIS”) announced on December 2, 2024, they had reached the H-1B Cap for fiscal year 2025. The Service reported having received enough petitions to reach the congressionally mandated limits for the H-1B visa regular cap, as well as the advanced degree exemption (master’s cap) for FY2025. USCIS will be sending non-selection notices to registrants through their online accounts “over the next few days.” 

Employers submitted registrations for 442,000 unique beneficiaries during FY 2025 H-1B cap registration period. USCIS went on to conduct two lottery selections, one in March 2024 and another in August 2024. For those not selected, remember there may still be hope.

Visa Options for Social Media Influencers and Content Creators

I remember when I first downloaded Instagram on my iPhone. Like many others, I instantly fell in love with the app. Even if I was in my office in Manhattan on a freezing cold gray winter day, with Instagram I could be transported to a new restaurant in Mexico City, an art exhibit in Buenos Aires, or an oceanside bungalow in the Maldives (preferably sipping a delicious beverage). Sure, not all the photos in my feed were so glamorous or exciting—I still got plenty of food photos from my friends and family (looks delicious, mom!)—but, as trite as it sounds, Instagram opened a whole world of sights, people, and experiences (not to mention memes).

And thanks to Instagram and other social media platforms, we have influencers and content creators, two professions that have always existed in some form but not quite in the same powerful way as they do now. In this post, we’ll discuss US visa options for social media influencers and content creators looking to expand their horizons to the US. As always, this is a general post for informational purposes only. Any influencer or content creator should DM aka consult a qualified immigration attorney to discuss their specific situation.

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The Aftermath of the H-1B Fiscal Year 2025 Visa Lottery: Next Steps and Alternatives

In April this year, United States Citizenship and Immigration Services (“USCIS”) announced they had received sufficient electronic registrations for unique individuals for the fiscal year 2025 (“FY2025”) cap, including the advanced degree exemption (master’s cap). USCIS randomly selected properly submitted registrations and notified all employers.

Those with selected registrations were able to begin filing H-1B cap subject petitions for FY2025 as of April 1, 2024. The deadline for filing H-1B cap subject petitions online, based on a valid registration selection notice, was June 30, 2024, and paper-based H-1B cap subject petitions had to be received at a USCIS Lockbox Facility by July 1, 2024 (since June 30 was a Sunday).

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USCIS Will Conduct Second Random H-1B Selection

United States Citizenship and Immigration Services (“USCIS”) reported on July 30, 2024, that they will be conducting a second random selection from previously submitted Fiscal Year 2025 (“FY2025”)  H-1B Cap registrations. A specific date for the selection was not announced, the Service noting that it would be “soon”.

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State Department Easing the Issuance of Waivers for Nonimmigrant Visas for US College Graduates

On July 15, 2024, the U.S. Department of State (“DOS”) announced updates to more efficiently process employment-based nonimmigrant waivers for certain foreign nationals. In an effort to ease the process of obtaining a waiver of a ground of inadmissibility for foreign nationals who have graduated from colleges and universities in the US, have a job offer, and are applying for employment-based nonimmigrant visas, DOS  streamlined its  guidance in the Foreign Affairs Manual  (“FAM”).

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USCIS Completes Selections from Electronic Registration for FY2025 H-B Cap

On April 1, 2024, United States Citizenship and Immigration Services (“USCIS”) announced they had received enough initial electronic registrations for unique individuals for the fiscal year 2025 (“FY25”) H-1B cap, as well as the advanced degree exemption (master’s cap) and have randomly selected enough properly submitted registrations. The Service has completed the notifications to all employers who submitted online registrations. Those with selected registrations may begin filing H-1B cap subject petitions for FY2025 as of the first of April and have been given until June 30 to file their petition with the service  either on paper at the correct filing location or online at my.uscis.gov within the filing period that is indicated on the selection notice.

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FY2025 H-1B Lottery Kick Off

It’s time for the newly updated H-1B Visa Lottery! Upon introducing the final rule which initiated many changes to the fiscal year 2025 (“FY25”) H-1B Lottery, US Citizenship & Immigration Services (“USCIS”) announced the initial registration period for the FY25 H-1B cap will begin at 12pm ET on March 6, 2024, and run through 12pm ET on March 22, 2024. During this registration period, prospective petitioners and representatives will be able to submit their H-1B registrations using online accounts and pay the required $10 fee for each registration submitted on behalf of each beneficiary.

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H-1B Domestic Renewal Pilot Program

The Department of State (“DOS”) has updated details on the long-awaited domestic visa renewal pilot program for H-1B renewal applicants. The program officially launched on January 29, 2024, and allows applicants who received an H-1B visa from a US embassy or consulate in Canada or India during a specific timeframe to renew H-1B visas without traveling to U.S. consulates abroad. A maximum of 20,000 applications will be accepted until April 1, 2024, or when all slots are filled.

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USCIS Has Reached the H-1B Cap for Fiscal Year (FY) 2024

US Citizenship & Immigration Services (“USCIS”) announced they have received a sufficient number of H-1B petitions needed to reach the H-1B cap limit for fiscal year 2024 (“FY 2024”), which runs from October 1, 2023 to September 30, 2024.  This applies to both the congressionally mandated 65,000 FY 2024 regular cap limit, as well as the 20,000 advanced degree (masters) cap exemptions. USCIS also noted it will be sending non-selection notifications to registrants’ online accounts in the course of the next few days.

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DHS Publishes Proposed Rule to Modernize H-1B Program

On October 23, 2023, the Department of Homeland Security (“DHS”) published a Notice of Proposed Rulemaking in the Federal Register to “modernize the H-1B specialty occupation worker program.” There is a sixty-day notice and comment period for the proposed rule, and the public is invited to submit comments on the Federal Register website.

The proposed rule sets out to impose changes to the H-1B program, as well as to codify a number of existing rules. We must point out that the proposed rule is quite lengthy; therefore, our summary does not cover all of the proposed changes. We will outline a few of the most notable proposed changes below which we feel may be of most interest to our community.

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