H-1B Cap Statistics
The United States Citizenship and Immigration Services has released data detailing the efficacy of the new beneficiary-centric H-1B registration system. Particularly, the average number of registrations submitted per beneficiary decreased by 38.6 percent, with the overall number of registrations submitted in general decreasing from 758,994 for FY2024 to 479,342 for FY2025. This data functions as evidence of the reduction of misuse within the new beneficiary-centric system, with an average of 1.06 registrations being submitted per foreign national, as opposed to last year’s 1.70. USCIS has reiterated their commitment to preventing fraud within the H-1B registration process, emphasizing their continued steps to investigate, deny, and revoke H-1B petitions filed fraudulently.
During the FY2025 H-1B Cap registration process, USCIS received registrations for approximately 442,000 unique beneficiaries – of these beneficiaries, approximately 114,017 were selected (or approximately 25.8 percent). On July 30, 2024 USCIS announced that it would be conducting a second random selection for regular cap from the previously submitted FY 2025 H-1B cap registrations. This will include those registrations initially submitted under the master’s cap eligibility. USCIS has not yet named a date that the second lottery selections will be announced
If you have any questions about the H-1B registration or filing process, or about the second lottery, please contact your Parker Gallini attorney.
Update on Stateside Visa Processing
The State Department’s stateside visa renewal pilot program opened on January 29, 2024, and accepted applications until April 1. This program was to serve as a test for the Department’s technical and operational capabilities to handle domestic visa renewals.
Following the conclusion of the application period, applicants expressed issues with the application process, stating that the steps were unclear. Specifically, the American Immigration Lawyers Association (AILA) reported that many applicants did not know what to do after completing the DS-160 (Online Nonimmigrant Visa Application). Additionally, the instructions directed applicants to use the “portal,” but did not state what or where the portal was. AILA members also reported that because Mission-specific scheduling links were difficult to find, many applicants were left anxious and confused about “program availability, visibility of next steps, and access.”
Despite the confusion some aspects of the program caused, AILA members reported an overall positive experience participating in the pilot program. Specifically, processing times were faster than the expected 6-8 weeks and members reported that having the ability to renew domestically “provided efficiency, security, and consistency in the visa renewal process.” The State Department has indicated their intention to run a broader stateside visa renewal program in the future, but has not yet indicated a timeline, or what the program might look like.
If you have any questions about the stateside visa renewal pilot program or its potential expansion, please contact your Parker Gallini attorney.
August Visa Bulletin
For the month of August 2024, USCIS will accept employment-based Adjustment of Status applications based on the final action chart, while family-based petitions will continue to use the dates for filing chart. Despite warning from the State Department that retrogression or unavailability would be likely under the EB-3 final action category, no such retrogression or unavailability has yet occurred. However, the State Department has indicated that retrogression is likely to occur in September.
The August 2024 visa bulletin reflects forward movement by one month for EB-2 and EB-3 Final Action dates for India. All other employment-based chargeability categories remain the same.
Individuals who continue to have backlogged priority dates may have the opportunity to secure additional H-1B extensions as needed while awaiting visa bulletin advancement. Those with pending Adjustment of Status applications that remain backlogged can continue to renew EADs and Advance Parole documents as needed and may have opportunities to port employment. Consult with your Parker Gallini attorney if you have any questions about these options.
New Forms and Filing Addresses
On April 1, 2024, USCIS began implementing new form editions for Form I-129, Petition for a Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Workers, amongst other forms. Although USCIS typically provides a grace period after new forms are published during which it will also accept the prior edition of the forms, this was not possible this time as the new forms contain changes necessary for the administering of the increased USCIS filing fees that also went into effect on April 1st. Any filing using the prior edition of a form which was postmarked prior to April 1 was accepted by USCIS.
With the form edition updates, USCIS has also shifted filing locations of I-129 petitions requesting H-1B or H-1B1 classification be filed with one of several USCIS lockbox addresses as opposed to directly at the Regional Service Centers. In the intervening months, this has caused some delays in petition receipts, including delays in the issuance of premium processing receipts.
Note that because H-1B and H-1B1 visa petitions are now filed at USCIS lockbox addresses, it is possible to pay the USCIS filing fees for these cases using a Credit Card and Form G-1450 instead of checks. Instructions can be found here: https://www.uscis.gov/pay-with-a-credit-card. Parker Gallini attorneys note that USCIS’ credit card processing has been inconsistent, with USCIS inexplicably rejecting some filings using this payment method.
The new lockbox addresses are available on the USCIS website. If you have any questions about new form editions, filing locations, or payment methods please contact your Parker Gallini attorney.
Visa Appointment Availability
While the average visa interview lasts only a few minutes, some applicants can spend over a year waiting for their interview to even take place. The Department of State (DOS) notes on their website that the estimated wait time to receive an interview appointment at a U.S. embassy or consulate is based on workload and staffing and can vary from week to week. While there are various reasons for these wait times, such as the lasting effects of the COVID-19 pandemic, one significant factor currently impacting wait times is rising demand.
According to the DOS, demand is at unprecedented levels, with more nonimmigrant visas being issued worldwide in 2023 than in any other year since 2015. As a result, wait times for interviews are longer than before the pandemic in some locations. However, the DOS remains focused on reducing wait times for visitors requiring in-person interviews and continues using new tools to improve efficiency.
The DOS maintains a chart on their website with estimated wait times depending on the consular or embassy office, however these are only estimates and do not necessarily reflect real wait times at specific offices. One reason for this is that the system doesn’t factor people making multiple appointments or visa brokers who make many appointments that aren’t attached to an actual applicant. Additionally, some consular and embassy offices face other impediments, such as fraud.
Despite these obstacles, the DOS maintains their goal that more than 90 percent of overseas posts will have visitor visa interview wait times under 90 days in 2024. If you have any questions about how interview wait times may affect you, please contact your Parker Gallini attorney.
Immigration at Work 