The H-1B Cap Filing season will reopen in March of this year with some significant changes. The USCIS is introducing organizational accounts and adjusting how the lottery is conducted to ensure fairness.
A. Organizational Accounts
For both non-cap filings and the fiscal year 2025 H-1B cap season, USCIS will introduce organizational accounts. These accounts will enable multiple individuals within an organization, such as a company or other business entity, and their legal representatives to collaborate on and prepare H-1B registrations. If an employee is selected in the lottery, the organizational account will also facilitate collaboration and online filing of the H-1B application and premium processing. However, those wishing to file their H-1B and H-4 together (with premium processing) cannot do so online and must continue using paper filings.
USCIS plans to launch these organizational accounts in February 2024, with online filing of Forms I-129 and I-907 to follow shortly afterward. In addition to streamlining the Form I-129 H-1B petition process, these changes should help reduce duplicate H-1B registrations and other common errors.
As part of their efforts to increase efficiency by standardizing processes and reducing costs, USCIS will also transition the paper filing location for Forms I-129 and I-907 from service centers to the USCIS lockbox.
B. Lottery Changes
USCIS is also overhauling the lottery process. In the past, each employer submitted registrations for each employee they were interested in sponsoring. Each submission was one entry in the lottery, which seemed fair.
However, last year it was revealed that certain companies were colluding to submit registrations for the same employees, thereby increasing the odds that each employee would be selected in the lottery. This resulted in hundreds of thousands of extra entries, benefiting these companies.
To prevent this, USCIS will now allow one entry per person, regardless of how many companies file a registration for that employee. This adjustment will ensure fairness and level the playing field.
C. Conclusion
The upcoming lottery season starts in just over a month. If you are interested in sponsoring someone for a cap-subject H-1B, you should start the process as soon as possible. Fortunately, this year the chances of having someone picked in the lottery are better than last year.
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