Second Random Selection from Previously Submitted Registrations Complete for FY 2025 H-1B Regular Cap

H-1B visas are one of the most widely used visas for non-immigrant workers in the United States. This is because it allows companies to hire foreign workers for specialized jobs that may be challenging to fill and because of the length of time that they allow foreign workers and their dependent family members to remain in the U.S. Due to the overwhelming demand by U.S. employers, there is a very specific way of selecting H-1B applicants. This is called the H-1B cap. The H-1B cap is a multi-step process that is managed by the United States Citizenship and Immigration Services, or USCIS, and involves random selection of H-1B applicants that sometimes fails to fill the quota for total visas. The 2025 Fiscal Year (FY) is an example of when USCIS failed to meet their quota. Please refer to the sections below for specific discussions on how the U.S. Congress chooses to set the quota number for the H-1B cap, the process of how USCIS fills the H-1B quota, and why there was a second selection for the 2025 FY.

The H-1B visa was created in the Immigration Act of 1990 with the intention of allowing non-immigrant visa applicants to be employed by a US employer. However, the legislation set a quota of 65,000 H-1B regular cap visas and 20,000 U.S. Master’s cap visas to be allowed into the United States every fiscal year. There have been some changes to the quota number as more immigration legislation has been introduced over the years, but the cap number has reverted to a total of 85,000 regular and U.S. Master’s cap following the 2004 H-1B Visa Reform Act. There are some job opportunities that are cap exempt, meaning they don’t need to go through the lottery system. This includes employers that are higher education institutions, non-profit organizations affiliated with a higher education institution, or a non-profit research or government organization. Furthermore, those who were already approved for a H-1B visa status and are extending an expired visa status, had a change in conditions and terms of employment, changed employers, or are working concurrently with a second H-1B position do not need to undergo H-1B registration selection again.

The process of selection has four main steps: registration, selection, petition filing, and cap review. Registration involves employers who wish to sponsor an H-1B worker submitting the H-1B candidate’s basic information. USCIS determines the date that registration will end based on its projections on when it will reach its quota. For example, in the first round of selection for the 2025 FY there were a total of 479,953 registrations submitted but only 120,603 registrations were selected. Registrations are selected on a random basis to allow fairness to all employers. Once registrations have been selected, those 120,603 H-1B candidates selected had from April 1st, 2024, to June 30th, 2024, to have their U.S. employers file petitions on their behalf. Only 65,000 of those regular cap petitions will be approved for an H-1B visa. Meanwhile, the 20,000 slots reserved for U.S. Master’s degree holders were easily filled. However, due to H-1B withdrawals and denials, USCIS could not meet the 65,000-visa quota and announced on July 30th, 2024, that it would conduct another round of regular cap selection. So, USCIS went back to the remaining registrations of the initial 479,956 and randomly selected an additional 14,534 registrations to go onto file H-1B petitions by their employers. Those registrations selected in the second round have 90 days to file petitions for their beneficiaries.

USCIS attributed the need for a second round of selections to its measures aimed at combating fraud and making the registration process more beneficiary-centric. This means that registrations are selected based on the unique beneficiary rather than the registration itself. As a result, each beneficiary has the same chance of being selected, regardless of the number of registrations submitted by different employers on their behalf. USCIS stated that it has conducted extensive fraud investigations, denied and revoked petitions as necessary, and made law enforcement referrals for criminal prosecution to help protect the integrity of the selection process. Furthermore, when comparing the FY 2024 selection to the FY 2025 selection, there was a 38.6% reduction in the number of eligible registrations submitted. The high filing rate in 2024 led to a high anticipated petition filing rate by selected registrations and a high projected Department of State approval rate for H-1B1 visas, which count against the H-1B cap.

On August 5th, 2024, USCIS announced it had selected its projected number of registrations to fulfill the total quota. In navigating the complexities of the H-1B visa process, the U.S. employers just like the USCIS need to remember to keep its focus on precision and adaptability to USCIS’ ever-changing requirements. The second random selection for the FY 2025 H-1B regular cap highlights USCIS' ongoing challenges in balancing H-1B visa demand with quota limits. This process underscores the need for both USCIS and U.S. employers to remain precise and adaptable while maintaining the effectiveness of the H-1B visa program in retaining qualified foreign workers. As USCIS continues to refine its processes and address these challenges, both employers and potential H-1B visa holders must stay informed and agile. This is why we encourage our readers to check this space for easily understandable immigration news and updates.

Pasricha & Patel’s Immigration Department has extensive experience in handling business and personal immigration matters. Our team is happy to speak with you on your specific issue.