Key Points
- USCIS has announced several important reminders and updates for the H-1B cap season
- Initial H-1B cap registration ended on March 25, 2024
- USCIS will notify selected beneficiaries electronically
- All H-1B Form I-129 petitions must be filed at a USCIS lockbox starting April 1, 2024
- New filing fees are in effect for Form I-907, Request for Premium Processing Service
- USCIS will no longer use prepaid mailers for H-1B-related communications
Overview
US Citizenship and Immigration Services (USCIS) announced that the initial fiscal year (FY) H-1B cap season registration period closed on March 25, 2024, following an extension.
USCIS will now randomly select correctly submitted H-1B registrations under the regular and master’s lotteries. Once USCIS has selected enough registrations for the H-1B cap and master’s cap, prospective petitioners with chosen beneficiaries will be notified that a cap-subject H-1B petition may be filed for the beneficiary.
Change in Form I-129 Filing Location
Beginning April 1, 2024, all paper-based H-1B and H-1B1 Form I-129 petitions must be filed at USCIS lockbox locations. USCIS will no longer accept Form I-129 petitions filed at USCIS service centers. Any H-1B or H-1B1 petition received at a USCIS service center on April 1, 2024, or later will be rejected. The change in filing location applies to all Form I-129 petitions, including cap-subject, cap-exempt, and non-cap petitions.
USCIS will not provide a grace period for forms filed at the incorrect location and may reject a petition filed at the incorrect location. If USCIS rejects a petition filed at the improper location, it may be refiled online or at the correct location, provided it is refiled within the 90-day filing window provided on the selection notice. Note that USCIS has a specific mailing address for petitions filed for cap-subject H-1B cases. That address is available on the Form I-129 Direct Filing Addresses page of USCIS’s website.
New Filing Fee and Form I-129 Edition
Additionally, new filing fees will take effect on April 1, 2024. Petitions that are postmarked on April 1, 2024, or after must include the new fees, if applicable. Otherwise, USCIS will reject the petition. The fee adjustment will affect most immigration applications and petitions.
Starting on April 1, 2024, a new edition of Form I-129, Petition for a Nonimmigrant Worker, will replace the existing edition. Applicants must use the new Form I-129 starting on April 1, 2024, as it is subject to the latest fees. USCIS will accept the current (May 31, 2023) edition of Form I-129 if it is postmarked before April 1, 2024, but it will not accept that edition postmarked on or after April 1, 2024. USCIS will only accept the new (April 01, 2024) edition of Form I-129 postmarked on or after April 1, 2024. For convenience, USCIS has provided specific instructions regarding the new Form I-129.
In addition to upcoming changes for Form I-129, USCIS recently increased the premium processing filing fee for Form I-907, Request for Premium Processing Service. The new fee is effective as of February 26, 2024. If USCIS receives a Form I-907 postmarked on or after February 26, 2024, with the incorrect filing fee, it will reject the form and return the fee. If a commercial courier sends filings, USCIS will consider the postmark date to be the date on the courier receipt.
Prepaid Mailers
As of March 25, 2024, USCIS no longer uses prepaid mailers for communication or final notices regarding H-1B and H-1B1 petitions. Instead, the process of delivering H-1B petition approval notices is entirely automated. MyUSCIS account holders will receive an email or text message if their case status changes. They will also receive a paper notice by mail following the electronic notice.
Written by: Lucy Halse, Content Marketing Associate, Envoy Global
Edited by: Dmitri Pikman, Partner, Corporate Immigration Partners
Source: US Citizenship and Immigration Services (USCIS)
