USCIS has completed a second random selection from previously submitted fiscal year 2022 H-1B Cap Registrations (aka “H-1B Lottery”) resulting in the selection of additional, new registrations for H-1B petition filing. On July 31, 2023, USCIS announced that it selected a sufficient number of registrations projected to reach the cap. Notices have been provided to all prospective petitioners with selected registrations from this second round eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable registration.
USCIS conducted the initial random selection in March 2023, and those petitioners with selected registrations were eligible for H-1B petition filing from April 1, 2023, through June 30, 2023. Based on the number of H-1B petitions filed during this period, USCIS determined the need to select additional registrations to reach the fiscal year 2024 numerical allocations. Petitioners/attorneys with selected registrations have had their myUSCIS accounts updated to include a selection notice with details of when and where to file.
As a general reminder, an H-1B cap-subject petition must be properly filed at the correct USCIS service center within the filing period indicated on the relevant registration selection notice. The period for filing H-1B cap-subject petitions is at least 90 days. Online filing is not available for H-1B petitions. Further, please note that selection only indicates that petitioners are eligible to file H-1B cap-subject petitions; it does not indicate that the petition will be approved. Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still submit evidence and establish eligibility for petition approval based on existing statutory and regulatory requirements.
Although the fiscal year 2024 H-1B Lottery has been reached, USCIS will continue to accept and process petitions that are otherwise exempt from the cap, including petitions 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.
If you suspect that you have a case which meets one of the above cap-exempt situations, we encourage you to notify your Dentons Cohen & Grigsby Immigration partner for further analysis.
We will continue to monitor this situation, keep abreast of any additions, and notify you of any material changes.
Please contact any member of the Dentons Cohen & Grigsby Immigration Department at 412.297.4900 if you have any questions regarding the above.
