On March 27, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that it completed the initial H-1B electronic registration selection process for fiscal year (FY) 2024. USCIS utilized an electronic registration system to randomly select registered beneficiaries under the regular cap and master's cap to reach the FY 2024 H-1B numerical allocations. USCIS indicates that it has sent notifications to registrant employers and their representatives about selection results. If USCIS selected a registered beneficiary in the lottery, petitioners may submit a complete H-1B petition for adjudication by USCIS for the specific beneficiary named on the registration selection notice.
USCIS should also have updated its myUSCIS registrant accounts to show one of the following statuses for each registered beneficiary:
- Submitted: Registrations that show a submitted status remain in consideration for selection in the H-1B cap lottery until the fiscal year has ended or subsequently invalidated.
- Selected: If the beneficiary's registration status shows as selected, the registrant employer may file a complete H-1B petition for that beneficiary.
- Denied: A denied status signifies that the registrant submitted multiple registrations for the same beneficiary. In this circumstance, all registrations submitted by the registrant for this beneficiary for the fiscal year are invalid.
- Invalidated-Failed Payment: If there was an issue with a payment for a submitted registration and the payment method was declined or invalid, the registration will be shown as an invalidated-failed payment.
For FY 2024, USCIS confirmed registrants will have at least a ninety-day window, starting from April 1, 2023, in which to file full H-1B petitions for registered beneficiaries selected in the lottery.
Ogletree Deakins' Immigration Practice Group will continue to monitor developments with respect to these and other policy changes and will post updates on the Immigration blog as additional information becomes available. Important information for employers is also available via the firm's webinar and podcast programs.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
