H1B Cap Filing Deadline Imminent – June 30, 2023
Only a few days remain until the filing deadline for the 2024 fiscal year H1-B cap petitions. Completed H-1B cap petitions must have been received by USCIS by June 30, 2023, to be valid for processing.
Will there be a second-round lottery for FY 2024 H1-B cap applications?
Registrations that were not successful in the first lottery selection process are held in reserve by USCIS registrations in the event that the annual cap is not reached.
While the FY 2021 and 2022 cap seasons saw additional lottery rounds, last year’s H1B cap (FY 2023) was reached within the first lottery.
However, in light of USCIS receiving a record 758,994 eligible registrations for the FY 2024 H-1B cap season, it is unlikely that a second lottery is to be held.
USCIS is expected to confirm whether a second-round lottery will take place for the 2024 fiscal year in the weeks following the filing deadline, once USCIS has determined if the 85,000 annual cap limit has been reached.
Filing multiple H1-B petitions
According to a USCIS update in April 2023, the FY 2024 H1-B window saw a 60% increase in H1-B registrations submitted against the previous year. Of the 758,994 registrations received, 408,891 were submitted on behalf of individuals who were the beneficiaries of multiple registrations. This has led to the agency initiating investigations into potential fraud and misuse of the registration system.
Need assistance?
As US immigration specialists, we provide expert advice and support to employers and workers applying under the H-1B route, and all other US work visa categories. For guidance on H-1B petitions, contact us.
This article does not constitute direct legal advice and is for informational purposes only.
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
