The United States Citizenship and Immigration Services (USCIS) has implemented a second random selection process for H-1B visa petitions under the Fiscal Year (FY) 2025 cap. This article aims to provide a clear and comprehensive understanding of this second lottery, helping potential petitioners navigate the process effectively. This second round of selection is a crucial step in filling remaining vacancies within the FY 2025 regular H-1B cap, excluding the advanced degree exemption.
Understanding the Second Lottery
The second round of the H-1B lottery is specifically for the regular cap, not the advanced degree exemption. This means those hoping to obtain an H-1B visa through the master’s degree exemption (often referred to as the master’s cap) were already accounted for in the initial selection. The USCIS expects a manageable number of petitions for the master’s cap and therefore deemed a second selection unnecessary. Therefore, this second lottery targets those whose initial application in March did not secure a spot.
This second lottery focuses on previously submitted electronic registrations for the FY 2025 regular H-1B cap. This means that your registration details are being reviewed again, and if you were not selected in the first round, you are now a potential candidate for this second selection. Importantly, the selection pool will cover registrations indicating eligibility for both the regular cap and the master’s cap, meaning USCIS is considering all initial applications in this second selection round, not just the ones solely for the regular cap.
Key Differences Between the First and Second Lottery
One key difference to note is that the second lottery only addresses the regular H-1B cap. The master’s degree exemption quota was already met in the initial selection process, with no further lottery required. This means that if you were hoping to pursue an H-1B visa through the master’s cap, you do not need to worry about this second selection.
Crucially, the second lottery targets previously submitted registrations. Whether you were initially selected for the regular H-1B cap or the master’s cap, your initial registration is being reviewed to potentially fill any remaining vacancies within the FY 2025 regular cap. This suggests that even if your registration initially indicated eligibility for both categories, your eligibility is being evaluated for the regular cap in this second lottery.
The Selection Process and Notification
USCIS will notify prospective petitioners of their selection status through updates to their online accounts. This notification is crucial, as it will outline critical details about the filing period, deadlines, and the necessary procedures for submitting the H-1B cap-subject petition. This means it’s essential to keep your USCIS account updated and to regularly check for any updates.
This notification will be vital for understanding the next steps – the filing period.
Filing Procedures and Deadlines
The selection process does not guarantee petition approval. Successfully being selected in this second lottery merely positions you to file a petition, and this process still requires adherence to all statutory and regulatory requirements. Petitioners must submit the petition within the designated period, ensuring all necessary documents are included, to avoid rejection.
Crucially: Failure to comply with stated deadlines and procedures could lead to rejection of your petition.
The Importance of Accuracy and Updated Forms
The USCIS has emphasized the importance of accuracy, and the correct forms and fees are crucial. Using the updated Form I-129, Petition for a Nonimmigrant Worker, version 04/01/2024, and adhering to the revised application fees, is of utmost importance, as older forms or incorrect fees may lead to rejection. The new fees are effective April 1, 2024, and this information should not be overlooked.
Additional Important Considerations
- Filing Period: The filing period is crucial, and petitioners must adhere to it strictly. The filing period for selected beneficiaries is projected to be at least 90 days, and it is essential to keep track of deadlines and requirements. This information is crucial and must be closely followed to avoid delays and possible rejection.
- Selection Doesn’t Guarantee Approval: Being selected in the second lottery does not automatically guarantee your H-1B petition’s approval. All statutory and regulatory requirements must still be met.
- Premium Processing Fee: The premium processing fee for Form I-907 has been updated. The correct fee must be included with your petition; otherwise, it will be returned.
The second H-1B visa lottery for FY2025 is a significant process for those seeking an H-1B visa. Understanding the nuances of this second selection round and adhering to all guidelines is critical. Staying informed and maintaining meticulous record-keeping will help navigate the complexities of this important step in the immigration process. By diligently reviewing the USCIS website for updated information and forms, petitioners can increase their chances of success.
H-1B Second Lottery FAQ
What is the second H-1B lottery for FY2025?
The U.S. Citizenship and Immigration Services (USCIS) conducted a second random selection process for H-1B visa petitions under the Fiscal Year (FY) 2025 cap. This process targeted previously submitted registrations for the regular H-1B cap, not the advanced degree exemption (master’s cap). The goal was to fill any remaining vacancies within the regular cap.
Who was eligible for the second lottery?
Petitioners whose registrations were not selected in the initial March 2024 round, and who were eligible for the regular H-1B cap, were eligible for the second lottery. Registrations indicating eligibility for both the regular cap and the master’s cap were included.
Why wasn’t there a second lottery for the advanced degree exemption?
Sufficient registrations for the master’s cap (advanced degree exemption) were selected in the first round. The projected number of petitions received aligned with the FY 2025 master’s cap allocation, therefore, no further selection was needed for this category.
How will I know if I was selected in the second lottery?
USCIS will notify prospective petitioners of their selection status through updates to their online accounts. These notifications will include crucial details regarding the filing period, deadlines, and necessary procedures for submitting the H-1B cap-subject petition.
When was the filing period for the second lottery selections?
The filing window for selected beneficiaries was from August 8th to November 7th, 2024.
What are the key filing requirements for the selected petitioners?
Petitioners must submit their petitions within the designated period, at the correct location (online or in person), and include a copy of the selection notice. Crucially, the updated Form I-129 (version 04/01/2024) and the correct application fee (effective April 1, 2024) are required. Failure to comply with these requirements could lead to petition rejection.
Does being selected guarantee petition approval?
No, selection for registration does *not* guarantee petition approval. Petitioners still need to meet all statutory and regulatory requirements for approval.
How many beneficiaries were selected in the second lottery?
13,607 beneficiaries were selected in the second lottery, bringing the total selections from both lotteries to 14,534.
Where can I find further details and updates?
Consult the official USCIS website for the latest details, updated forms, and filing procedures.
