The U.S. Citizenship and Immigration Services (USCIS) announced today that, as expected, it received sufficient electronic H-1B cap registration applications during the initial registration period to reach the FY 2024 H-1B numerical allocations of 65,000 (for holders of a bachelor’s degree or a foreign equivalent) and 20,000 (for holders of advanced degrees from United States universities).

USCIS conducted two random lotteries to select enough registration applications to satisfy both allocations and has, since last Friday, been notifying petitioners whose registration applications have been selected that they may file H-1B cap-subject petitions for the beneficiaries named in the selected registration applications.

USCIS has not indicated how many registration applications it received this year, but anecdotal evidence suggests that the volume of filings has been significantly higher than last year, and the percentage of applications selected is correspondingly lower.

The USCIS announcement indicates that registrants’ online accounts will now show one of the following statuses for each registration application filed:

• Submitted: The registration application has been submitted and, although not selected, is eligible for future selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.
• Selected: The registration application was selected in one of the lotteries and the petitioner may file an H-1B petition on behalf of the named beneficiary.
• Denied: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary.
• Invalidated-Failed Payment: A registration application was submitted but the payment method was declined or is otherwise invalid.

If an H-1B cap registration application was selected in the lottery, a petitioner may file an H-1B petition on behalf of the named beneficiary with the appropriate USCIS Service Center starting on April 1, 2023.  The window for filing such a petition will be at least 90 days. The petition should include Form I-129, evidence of the specialty occupation nature of the position offered, evidence of the beneficiary’s qualifications for the position, a certified Labor Condition Application, and the applicable filing fees.  The petition should also include a printed copy of the online registration selection notice.  All H-1B petitions must be sent to the USCIS by mail in hard copy format.

Petitioners seeking H-1B status for a beneficiary who has not yet received the degree or other academic credential required to qualify for the position offered or for the U.S.s advanced degree cap should be mindful that the H-1B petition should not be filed until this degree or credential is issued.

USCIS will hold all non-selected H-1B cap registration applications in case it determines that it has not received enough H-1B petitions to satisfy one or more of the H-1B numerical allocations.  If it makes this determination, a new lottery or lotteries will be held among the non-selected registration applications.

USCIS also notes that the volume of H-1B petition filings in April will probably result in a delay in the issuance of I-797 Notice of Action receipts for H-1B cap-subject petitions filed.  Petitioners are advised not to file second H-1B petitions if there is a delay in their receipt of an I-797 Notice of Action, since the submission of a second petition will result in the denial or revocation of both petitions for duplicate submissions.  If more than 30 days have passed since the delivery of an H-1B petition at a USCIS Service Center, the petitioner should contact the USCIS Contact Center.