Hello HR heroes, legal leaders, and hiring maestros!

In this April  2024 newsletter, I share updates about:

✅ FY25 H-1B Cap Update 

✅ FAQ about Cap-Gap and transitioning to H-1B

✅ White Paper about Alternative / Work Options Beyond the H-1B

✅ E-Verify+ coming soon – learn more about this long awaited improvement 

FY25 H-1B Cap Update         

Here are the highlights

USCIS has completed another challenging H-1B cap selection process and myUSCIS’ accounts are updated.   We’re actively working with clients to prepare and file petitions for those selected.

In addition to a new registration process, there have been changes to fees, form editions, and filing location effective April 1, 2024. 

At the time of this writing we don’t know how many registrations were filed OR if there will be a second lottery.   However, USCIS creates an automatic waitlist from those already registered in case that there is a chance at a Second Lottery in Summer.  

No action is required by an existing H-1B cap registrant to be considered under the “second chance” lottery after July – this will happen automatically.   It is very important to note that those not-selected should not count the potential of a second lottery as their top alternative for many reasons including that the high uncertainty about the occurrence of that lottery and that if it happens the selection rate will be fairly low.  

We’re staying on top of these updates and will provide them as applicable.  

Your partnership and engagement is invaluable throughout this journey.  

I’m grateful for your support and trust.

Related Links: 👇

USCIS Notice of FY25 H-1B Cap Registration Selection and Cap Reminders 

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FAQ about Cap-Gap and transitioning to H-1B

Many F-1 students complete their program of study or  OPT / OPT STEM  in mid-spring or early summer. 

After completing their program or OPT, these students have only a 60 days grace period to take the steps necessary to maintain legal status or depart the United States. 

For those selected under the H-1B lottery, they can’t change status until Oct. 1, needing more than 60 days to stay in the U.S. in legal status.

Prior to 2008, an F-1 student would have to leave the United States and apply for H-1B status at a U.S. consulate or embassy, and then seek readmission to the United States.

Under the current regulations, we have an automatic extension of F-1 status and, if applicable, OPT employment authorization from April 1 to Sept. 30 for eligible F-1 students under what is called “the cap gap extension.”

There are various questions about what happens during this cap-gap period.  

For more information, read my FAQs below and watch my webinar

Related Links: What You Need to Know about This Years’ Cap-Gap and H-1B Cap Petitions Pending Adjudication – Marks Gray

Watch my 2024 Webinar 

H-1B Cap FY25 – Selected, What is Next? 

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White Paper about Alternative / Work Options Beyond the H-1B 

I describe some of the most common H-1B visa alternatives in the white paper below.  Note that the list is not intended to exhaust all possible visa types and scenarios.  My goal is to list some of the common and realistic options for the benefit of our clients and readers.  We are also discussing individual cases and options with our clients.  

 For more information, read my white paper below and watch my webinar

Related Links: https://marksgray.com/immigration-blog/other-visa-options-if-not-selected-under-h-1b-cap/ 

Watch my 2024 Webinar – ….. 

H-1B Cap FY25 – You were not selected, What are your options? 

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E-Verify+ coming soon – learn more about this long awaited improvement 

E-Verify+ is an exciting “next generation” E-Verify that modernizes and streamlines the Form I-9 and verification process for employees and employers.

The pilot project is expected to begin in the next few months.  E-Verify has said the “plus’ ‘ in E-Verify+ represents benefits the new service will provide, including ‘efficiency’ for employers and “more control over  personal information ” for employees. 

Related Links: 👇

E-Verify+

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Upcoming Events 

There are no upcoming events since we had our H-1B Cap Selected, What is Next and Not Selected What are my Options Webinars earlier this month. 

Last month I held a webinar on what Employers need to know about the Form I-9 and reverification. Check it out here:  H-1B cap lottery – What employers need to know about Form I 9 re verification? (youtube.com) 

Save and download these I-9 Samples to share with your team!

I-9 Sample: STEM OPT Extension

I-9 Sample: Cap Gap Extension

I-9 Sample: F-1 CPT

I-9 Sample: Supplement B CPT Reverification

 I’m honored and privileged to partner with you.

Have an amazing month!