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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Parole in Place to Promote the Unity & Stability of Families Set to Begin August 19, 2024

On July 17, 2024, United States Citizenship and Immigration Services (“USCIS”) announced that undocumented spouses and children of US citizens who are eligible to apply for legal status and a pathway to citizenship through the parole in place process may submit applications starting August 19, 2024.  Additional details about eligibility and the application process will be published in a “forthcoming Federal Register notice.”

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