USCIS Reaches Fiscal Year 2024 H-1B Cap

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USCIS Reaches Fiscal Year 2024 H-1B Cap

USCIS Reaches Fiscal Year 2024 H-1B Cap

USCIS has announced it received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2024. This is applies to all registrations submitted in March 2023 for the federal fiscal year 2024, which began on October 1, 2023.

USCIS will send non-selection notices to registrants through the employer’s online accounts over the next few days. When USCIS finishes sending these non-selection notifications, the status for properly submitted registrations that it did not select for the FY 2024 H-1B numerical allocations will show:

  • Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2024 H-1B cap. USCIS will continue to accept and process petitions filed 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.

We anticipate the H-1B lottery registration window for FY2025 to open for 2 weeks in March 2024. Registrations selected in that lottery and related approved petitions will support an H-1B employment start date of October 1, 2024. LAC recommends initiating H-1B registration cases for next year in early January 2024 for submission in March 2024.

 

This update was prepared by Fausta M. Albi, Partner, Larrabee Albi Coker LLP.

Legal Disclaimer:  This is provided for informational purposes only and does not substitute for legal advice based on the circumstances of a specific matter. Immigration laws and policies change frequently, often without notice. It is therefore important to seek direct legal counsel based upon individual circumstances. 

 

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