The United States Citizenship and Immigration Services (USCIS) has announced that it has received 780,884 electronic registrations during the initial registration period to reach the Fiscal Year (FY) 2024 H-1B numerical allocations, including the master's cap.
During the registration period for the FY 2024 H-1B cap, USCIS saw a significant increase in the number of registrations submitted compared to prior years. USCIS reported an increase in the number of registrations submitted on behalf of beneficiaries with multiple registrations, the number of registrations submitted on behalf of unique beneficiaries with only one registration, and the overall number of registrations submitted. This upward trend was also observed in the FY 2022 and FY 2023 H-1B registration periods.
The USCIS has released a chart showing the registration and selection numbers for FY 2021 to FY 2024. The chart indicates that the total registrations have increased significantly over the years. The total number of registrations for FY 2024 was 780,884, the highest number since the start of the registration process. The number of eligible registrations, which excludes duplicate registrations, those deleted by the prospective employer prior to the close of the registration period, and those with failed payments, was 758,994.
The number of selections, however, was smaller in FY 2024 than in prior years, primarily due to two reasons. Firstly, USCIS established a higher anticipated petition filing rate by selected registrants based on prior years, which decreased the number of selections. Secondly, there were higher projected Department of State approvals of H-1B1 visas, which count against the H-1B cap.
The total number of eligible registrations provided in the chart does not include duplicate registrations, those removed by the employer before the registration deadline, and those with unsuccessful payments. Additionally, the number of selections for FY 2024 was lower than in previous years due to two reasons - firstly, the USCIS estimated a higher anticipated petition filing rate by selected registrants based on prior years, and secondly, the projected Department of State approvals of H-1B1 visas were higher, which also count against the H-1B cap.
The USCIS has expressed concerns over the significant increase in the number of eligible registrations for beneficiaries with multiple registrations. They suspect that some may have submitted multiple registrations on behalf of the same beneficiary, unfairly increasing their chances of selection. To deter and prevent this kind of abuse, USCIS requires each prospective petitioner to sign an attestation, under penalty of perjury, confirming the information's accuracy and legitimacy.
If USCIS finds that the attestation was false, the registration would be considered invalid, and the petitioner would not be eligible to file a petition based on it. USCIS may also refer the individual or entity who submitted the false attestation to federal law enforcement agencies for investigation and further action. USCIS has already taken measures to investigate fraud, deny and revoke petitions, and initiate law enforcement referrals for criminal prosecution based on evidence from the FY 2023 and FY 2024 H-1B cap seasons.
H-1B Registrations were accepted till March 20 and selection process was concluded on March 28 for FY 2024 H-1B cap petitions to be filed from April 1st. The latest press release from USCIS is available here at: FY 2024 H-1B Cap Registration Process Update
About H-1B Visa
The H-1B visa is a non-immigrant visa that allows US employers to hire foreign workers in specialty occupations that require theoretical or technical expertise. The visa is typically granted for a period of three years and can be extended for up to six years. Each year, the US government sets a limit, or "cap," on the number of H-1B visas that can be issued.
The H-1B visa is one of the most sought-after visas for foreign professionals who want to work in the U.S., especially in the fields of science, technology, engineering, and mathematics (STEM).
However, the demand for H-1B visas far exceeds the supply. For each fiscal year, there are only 85,000 new (or “cap-subject”) H-1Bs available: 65,000 for foreign nationals with a bachelor’s degree (or equivalent education) from a U.S. or foreign college or university and an additional 20,000 for foreign nationals with a graduate degree from a U.S. college or university.
To allocate these limited visas, the U.S. Citizenship and Immigration Services (USCIS) conducts a random lottery among the eligible registrations submitted by employers on behalf of their prospective employees. The registration period usually opens in early March and lasts for two weeks. Employers only need to provide basic information about themselves and their beneficiaries, such as name, date of birth, country of citizenship, passport number, and education level. The registration fee is $10 per beneficiary.
The USCIS then randomly selects enough registrations to reach the annual cap and notifies the selected registrants by the end of March. The selected registrants have 90 days to file their complete H-1B petitions with supporting documents and fees. The filing period usually starts on April 1 and ends on June 30.
The USCIS introduced this electronic registration process in FY 2021 to simplify and streamline the H-1B lottery system. Previously, employers had to submit full H-1B petitions with fees and documents before knowing if they were selected in the lottery. This resulted in a lot of wasted time, money, and resources for both employers
Second lottery for FY 2024?
For FY 2024, the registration period opened on March 1, 2023 and closed on March 20, 2023. USCIS received a total of 780,884 registrations for FY 2024. This is an increase of about 2,96,957 registrations from FY 2023, when USCIS received 483,927 registrations. On March 27, 2023, USCIS randomly selected 110,791 registrations from the pool and notified the selected registrants. USCIS will accept H-1B cap petitions for these registration selections from April 1 to June 30, 2023.
The question that many H-1B hopefuls are asking is: will there be a second lottery for FY 2024? The answer is: it depends. USCIS has the authority to conduct a second lottery if it determines that it has not received enough petitions to reach the numerical limit by June 30, 2023. This may happen if some of the selected registrants do not file petitions, or if some of the filed petitions are denied or withdrawn. USCIS may also conduct a second lottery if it discovers that some of the registrations were duplicates or fraudulent.
However, USCIS has not disclosed how many petitions it has received or approved for FY 2024 so far. It also has not announced whether it will conduct a second lottery or when it will do so. In FY 2023, USCIS conducted a second lottery in August 2022 and selected an additional registrations from the remaining pool. In FY 2022, USCIS did not conduct a second lottery at all.
Therefore, it is difficult to predict whether there will be a second lottery for FY 2024 and what are the chances of being selected in it. Some factors that may affect the likelihood of a second lottery are:
- The demand for H-1B visas in the U.S. labor market and the economy
- The impact of COVID-19 pandemic and travel restrictions on H-1B workers and employers
- The outcome of pending litigation and legislation on H-1B visa program
- The enforcement actions and policies of USCIS and other agencies on H-1B visa fraud and abuse
Based on these factors, some experts in the immigration field are estimating that there will not be a second lottery for FY 2024. They argue that USCIS has already selected enough registrations to reach the cap, given the high demand for H-1B visas and the low approval rate of petitions. They also claim that USCIS is not transparent or accountable about its selection process and may not disclose its decision on a second lottery until it is too late.
However, some other experts are more optimistic and believe that there is still a chance for a second lottery for FY 2024.
The registration process for the FY 2024 H-1B cap has recently closed, and USCIS has reported a significant increase in the number of registrations submitted compared to prior years. However, concerns have been raised about potential fraud and USCIS has warned that it will take measures to combat it.
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