Month: December 2024

by Caroline Lee Caroline Lee No Comments

That’s a Wrap on the FY2025 H-1B Cap!

U.S. Citizenship & Immigration Services (USCIS) announced on December 2, 2024, that it has received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2025. The H-1B program for specialty occupations is highly sought after by visa applicants, with a large number of registrations each year. Annually, there is a limit of 65,000 H-1B visas which may be granted under the regular cap and 20,000 H-1B visas which may be allocated under the U.S. advanced degree exemption. With this announcement USCIS also stated that it will be notifying potential applicants of their non-selection from the lottery, through their online accounts. It is not anticipated that any further lottery selections will be made in this fiscal year.

USCIS will of course continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2025 H-1B cap. USCIS will continue to accept and process petitions filed to: 

  • Extend the amount of time a current H-1B worker may remain in the United States; 
  • Change the terms of employment for current H-1B workers; 
  • Allow current H-1B workers to change employers; and 
  • Allow current H-1B workers to work concurrently in additional H-1B positions. 

Didn’t receive a cap number in this year’s lottery? We’re already gearing up for the upcoming FY2026 lottery. Be sure to reach out to our firm in January 2025 to enter the lottery for next year!

by Caroline Lee Caroline Lee No Comments

USCIS Now Requires Medical Exams to be Filed with I-485 Applications

On Monday, December 2, 2024, U.S. Citizenship & Immigration Services (USCIS) announced that it will now require certain applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status, to submit Form I-693, Report of Immigration Medical Examination and Vaccination Record, with their Form I-485 or the Form I-485 may otherwise be rejected. Previously, USCIS permitted applicants to file their Form I-485 without the medical exam and vaccination record, and USCIS would later issue a Request for Evidence for the outstanding items. As a requirement for permanent residence, applicants for adjustment of status generally must complete an immigration medical examination and all required vaccinations and submit a properly completed Form I-693 signed by a civil surgeon to show they are free from health conditions that would render them inadmissible under the health-related grounds.

USCIS stated it made this change, which is effective immediately, to reduce the number of Requests for Evidence issued before adjudicating a Form I-485. The immigration service has revised the Form I-485 instructions to make filing the two forms together a requirement for properly submitted applications.

Questions about this change or adjustment of status in general?  Contact us today to schedule a consultation with a CYA attorney.

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