2025财年美国H-1B签证达到上限，你抽中了吗？美国公民及移民服务局（USCIS）已宣布完成 2025 财年（FY）H-1B 签证上限（包括高级学位豁免）的初步筛选程序。根据其目前的状态，注册被分为 "已提交"、"已选定"、"未选定 "等状态。被选中的注册者现在有资格从 2024 年 4 月 1 日起递交 H-1B 上限主体申请。该公告还包括对申请费用的修改，以及自 2024 年 4 月 1 日起启用新版 I-129 表格，旧版表格不再有宽限期。此外，移民局还推出了 H-1B 申请在线申请和组织账户，以方便管理申请。
美国 H-1B 签证的电子注册数量已达到 2025 年联邦财政年度的签证上限。签证上限为 65,000 个，另外 20,000 个签证可供拥有美国高级签证的人使用。
Notice of FY 2025 H-1B Cap Initial Registration Selection Process Completion and Cap Season Reminders
H-1B Initial Electronic Registration Selection Process Completed
U.S. Citizenship and Immigration Services has received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year (FY) 2025 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap). We have randomly selected enough properly submitted registrations for unique beneficiaries projected as needed to reach the H-1B cap and have notified all prospective petitioners with selected beneficiaries that they are eligible to file an H-1B cap-subject petition for such beneficiaries.
Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered):
Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.
Selected: Selected to file an H-1B cap petition.
Not Selected: Not eligible to file an H-1B cap petition based on this registration.
Denied – duplicate registration: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.
Invalidated – failed payment: A registration was submitted but the payment method was declined, not reconciled, or otherwise invalid.
Deleted: The submitted registration has been deleted and is no longer eligible for selection.
Processing submission: USCIS is processing your submission. It may take up to 72 hours for all of your case information to show on the case details page. While it is processing, you will be unable to access your draft.
For more information, visit the H-1B Electronic Registration Process page.
FY 2025 H-1B Cap Petitions May Be Filed Starting April 1
H-1B cap-subject petitions for FY 2025, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2024, if filed for a selected beneficiary and based on a valid registration.
Only petitioners with registrations for selected beneficiaries may file H-1B cap-subject petitions for FY 2025.
An H-1B cap-subject petition must be properly filed at the correct filing location (see H-1B Form I-129 Filing Location Change to Lockbox section below) or online at my.uscis.gov and within the filing period indicated on the relevant selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days. Petitioners must include a copy of the applicable selection notice with the FY 2025 H-1B cap-subject petition.
Petitioners must also submit evidence of the beneficiary’s valid passport or travel document used at the time of registration to identify the beneficiary.
Petitioners filing for selected beneficiaries based on their valid registration must still submit evidence or otherwise establish eligibility for petition approval, as registration and selection only pertains to eligibility to file the H-1B cap-subject petition.
For more information, visit the H-1B Cap Season page.
New Fees and Form Edition
On Jan. 31, 2024, USCIS published a final rule that adjusts the fees required for most immigration applications and petitions. The new fees are effective April 1, 2024. Petitions postmarked on or after April 1, 2024, must include the new fees or we will not accept them. Additionally, there will be a new 04/01/24 edition of Form I-129, Petition for a Nonimmigrant Worker. There will be no grace period for filing the new version of Form I-129 because it must include the new fee calculation.
What to Know About Sending Us Your Form I-129.
We will accept the 05/31/23 edition of this form if it is postmarked before April 1, 2024;
We will not accept the 05/31/23 edition of this form if it is postmarked on or after April 1, 2024; and
We will only accept the 04/01/24 edition of this form if it is postmarked on or after April 1, 2024.
We will use the postmark date of a filing to determine which form version and fees are correct but will use the received date for purposes of any regulatory or statutory filing deadlines.
As a reminder, we recently announced a final premium processing fee rule that increased the filing fee for Form I-907, Request for Premium Processing Service, to adjust for inflation, effective Feb. 26, 2024. If we receive a Form I-907 postmarked on or after Feb. 26, 2024, with the incorrect filing fee, we will reject the Form I-907 and return the filing fee. For filings sent by commercial courier (such as UPS, FedEx, and DHL), the postmark date is the date on the courier receipt.
Online Filing and Organizational Accounts
On Feb. 28, 2024, we launched new online organizational accounts that allow multiple people within an organization and their legal representatives to collaborate on and prepare H-1B registrations, H-1B petitions, and any associated Form I-907. Information on organizational accounts is available on the Organizational Accounts Frequently Asked Questions page.
We also launched online filing of Form I-129 and associated Form I-907 for non-cap H-1B petitions on March 25. On April 1, we will begin accepting online filing for H-1B cap petitions and associated Forms I-907 for petitioners whose registrations have been selected.
Petitioners will continue to have the option of filing a paper Form I-129 H-1B petition and any associated Form I-907 if they prefer. However, during the initial launch of organizational accounts, users will not be able to link paper-filed Forms I-129 and I-907 to their online accounts.
H-1B Form I-129 Filing Location Change to Lockbox
Starting April 1, 2024, H-1B and H-1B1 (HSC) Form I-129 petitions are no longer filed directly with the USCIS service centers. All paper-based H-1B and H-1B1 (HSC) Form I-129 petitions are now filed at USCIS lockbox locations. This includes cap, non-cap, and cap-exempt H-1B filings.
We will reject H-1B or H-1B1 (HSC) petitions received at a USCIS service center on or after April 1, 2024. There will be no grace period provided.
USCIS has specific mailing addresses for cases that are subject to the H-1B cap. To determine the correct mailing address, please see our Form I-129 Direct Filing Addresses page.
If a petition is filed at the wrong location, we may reject the petition. Rejected petitions will not retain a filing date. If we reject a petition because it was filed at the wrong location, it may be refiled at the correct location, or online. H-1B cap subject petitions may be refiled at the correct location, or online, as long as the petition is refiled during the designated 90-day filing window listed on the selection notice.
No More Pre-paid Mailers
As of March 25, 2024, we are no longer using prepaid mailers to send out any communication or final notices for any H-1B or H-1B1 (HSC) petitions. With H-1B intake now occurring at the lockbox or online, we will not be able to use any prepaid mailers for H-1B or H-1B1 (HSC) filings.
The process of printing and mailing H-1B petition approval notices by first-class mail is fully automated. For petitions filed online, myUSCIS account holders will also receive an email or text message notification in their myUSCIS account when there is a case status change on a case in their account, followed by a paper notice by mail.
Receipt Notice Delays
When we receive a timely and properly filed H-1B cap subject petition, the petitioner (and, if applicable, the petitioner’s legal representative) will be provided a Form I-797, Notice of Action, communicating receipt of the petition. Due to increased filing volumes typically seen during H-1B cap filing periods, there are instances where a paper petition is timely and properly filed by mail, but issuance of the Form I-797 is delayed. If you are a petitioner and have confirmation from the delivery service that the petition was delivered, but you have not yet received a Form I-797 confirming receipt of the petition, you should not submit a second petition. If you have confirmation from the delivery service that the petition was delivered and you then submit a second H-1B cap petition for the same beneficiary, you will be considered to have submitted multiple H-1B cap petitions. This will result in denial or revocation of both petitions.
If more than 30 days have passed since the confirmation of delivery and you have still not received a Form I-797, you may contact the USCIS Contact Center for assistance.
If you receive notification from the delivery service, or your tracking information suggests that there may be a delay or damage to the package or that the package was misrouted, you should follow the Delivery Service Error Guidance on the H-1B Cap Season webpage.
USCIS
2024年04月02日
USCIS
两个H1B Final Rules最全解读｜一人一抽落地，申请费真的涨了！一人一抽必然是打击滥用抽签的最好手段，但是基于移民局拖拖拉拉的性格，政策能否今年落地大家都在关注。终于！就在今天！（美国华盛顿1月30日）国土安全部公布了一份叫做Improving the H-1B Registration Selection Process and Program Integrity的文件，正式确认：
从今年2月2日起公告30天后，今年3月3日起，H-1B将采用“一人一抽”制度！Official response: DHS agrees with the need for prompt implementation of this rule. This rule will be effective in time for the FY 2025 H-1B cap season (the H-1B registration period and related selection process beginning in March 2024).国土安全部卡着最后时间节点走到这一步，想必有今年必须实行的决心，而且这一维护抽签公平的制度要想找个理由，在公示期内提出有效异议也比较困难。Final Rule说，今年H-1B怎么抽？必须用Passport/Travel Document来注册。往年没有护照也可以参与抽签，但是今年开始，受益人与护照信息绑定，防止一人多抽现象发生。How does it work？ 今年之前的H-1B注册抽签都是基于雇主而非受益人，所以同一个受益人可以有多个抽签机会。但是改革之后是基于受益人来抽签，纵使您有上百个雇主注册抽签，也只能占用一个抽签名额。3月6日开始注册！之前不是还说要自动延长Cap-Gap时间到次年4月1日，还有要支持H-1B自主创业么？
不好意思，这两个政策Final Rule都没说，今年可能来不及落地。
如果我有多个offer怎么办？
所有的公司正常注册抽签，一人一抽不排斥多个公司sponsor同一个受益人。您可以中签后选择最心仪的公司递交H-1B申请。
中签后我可以递交多份H-1B申请提高批准率吗？可以，这一点移民局不禁止。今年H-1B申请费怎么涨？首先我们来明确涨价前H-1B申请费的组成部分：注册抽签费 + 基本申请费 + 反诈骗费 + 美国工人培训费 （+ 加急费，自选），我们来一个一个说明。今年的H-1B申请费怎么涨？
注册抽签费：移民局已经确认，不涨价！还是10刀！
基本申请费：根据最新的Final Rule，要对申请人（雇主）进行区分了！如果您的雇主是小公司/non-profit，那么基本申请费还保持在$460。如果您的雇主不属于前面两类，则基本申请费会涨价到$780，涨价幅度是70%！*小公司：雇佣25个或以下全职员工的公司。
反诈骗费：Final Rule里没说要涨价，所以维持在500刀。
美国工人培训费：没有涨价，还是25个全职员工以下的小公司及无需抽签的雇主缴纳750刀，其他雇主缴纳1500刀。
加急费：Final Rule没说涨价，但是2023年12月27日，移民局公告说：从2024年2月26日起，H-1B加急费将从原本的$2，500涨到$2,805，所以加急费不是不涨是刚涨过。
庇护费：USCIS说，要限制H-1B申请人交庇护费的频率。所以坏消息是，600刀庇护费要交了（小公司的庇护费减半，一共是300刀），好消息是仅应针对H-1B首次申请，后续的transfer、extension、renewals、change of status都不需要重新交。庇护费于今年4月1日生效。如果今年抽签H-1B，涨价是躲不掉的，但是如果您申请H-1B transfer、extension之类的，或者不用抽签，只要您能在4月1日前递交H-1B申请，涨价的镰刀就割不到！
USCIS: The Asylum Program Fee should only be assessed for the initial petition filed by an employer, like the Fraud Prevention and Detection and Public Law 114-113 fees, and not subsequent transfers, extensions, renewals, and changes of status.
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