As the H-1B Visa 2023-24 cap filing season approaches, it’s significant to review the H1-B visa lottery process, which incorporates H1-B registration, requirements, and potential changes.
Given the many new changes to the H-1B 2024 lottery, there remains short duration before filing. This guide becomes your comprehensive resource for all your H-1B visa 2024 information, news, and updates.
It’s crucial to remain informed about the latest updates and changes to the H-1B visa process, as the rules and regulations may vary from all previous years. Stay ahead of the game and increase your chances of success with our H-1B visa 2023-24 cap guide.
At H1Bvisajobs.com, our team of highly experienced attorneys possess specialization in H-1B and employment-based immigration. They’ve acquired experience of assisting innumerable skilled workers worldwide and from all backgrounds in acquiring H-1B visas.
We aim to keep you informed about the latest news regarding this highly coveted visa. We’ll regularly update this post to keep you up-to-date on the H-1B cap 2023-24 filing season. For further information about the H-1B visa 2024 season, contact us directly to determine if you qualify for a free consultation.
It’s vital to note that the H-1B rule outlined in this post is current as of the publication date. However, we’ll keep you informed of any updates as they’re available.
What is the H-1B Visa Lottery 2023–24
The H-1B Visa Lottery 2023-24 refers to the process of selecting the beneficiaries who’ll receive H-1B visas for the fiscal year 2024, which runs from October 1, 2023, to September 30, 2024.
The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations that require theoretical or technical expertise. Each year, the US government sets a cap on the number of H-1B visas that are available, and the demand for these visas typically exceeds the supply, resulting in a lottery system to select beneficiaries. The H-1B lottery system was introduced to ensure that visas are issued fairly and equitably to qualified applicants.
To file H-1B cap-subject petitions for the fiscal year 2023-2024, employers must first complete an online registration process and pay a $10 fee for each beneficiary. Only one registration can be submitted for each H-1B employee.
USCIS will then conduct a random selection process on the electronic registrations, and only those with selected registrations will be eligible to file H-1B cap-subject petitions. The registration window for the H-1B 2023-24 season is from March 1 to March 17, 2023. USCIS plans to notify account holders by March 31, 2023, if their registration is selected. The standard random selection process will be used for the H-1B 2023-24 lottery, as the rule prioritizing cap candidates in higher wage levels was removed from the Federal Register.
H-1B Initial Electronic Registration Selection Process Completed
The United States Citizenship and Immigration Services (USCIS) has received an adequate number of electronic petitions during the initial registration period to meet the fiscal year (FY) 2024 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap).
USCIS has randomly chosen from the registrations that were properly submitted to reach the cap and have informed all potential petitioners with selected registrations that they may file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.
Registrants’ online accounts will now display one of the following statuses for each registration (for each beneficiary registered):
- Submitted: This means that the petition is successfully submitted, however, the petition is still under a review process and the final status of either “selected” or “denied” is yet to be updated.
- Selected: This means that the petition is approved and the sponsor can file an I-129 petition after April 1st, 2023. The filing deadline will be allocated by the USCIS, so be alert.
- Not Selected: This means that your registration is not selected. Until October 1st, 2023, you won’t see “not selected” status if USCIS doesn’t select your registration.
- Denied: The core reason of denial is the submission of multiple registrations by the same sponsor for the same beneficiary. USCIS denies all of it.
- Invalidated-Failed Payment: A registration was submitted but the payment method was declined, not reconciled, disputed, or otherwise invalid.
For more details, please refer to the H-1B Electronic Registration Process page.
FY 2024 H-1B Cap Petitions May Be Filed Starting April 1
Beginning April 1, 2023, H-1B cap-subject petitions for FY 2024, including those petitions which are eligible for the advanced degree exemption, may be filed with USCIS, provided they’re based on a valid, selected registration.
Only petitioners with selected registrations are permitted to file H-1B cap-subject petitions for FY 2024, and just for the beneficiary mentioned in the relevant selected registration notice. The petition must be filed with precision at the apt service center and within the filing period mentioned on the relevant registration selection notice. The period for submitting the H-1B cap-subject petition will be at least 90 days.
Since online filing is not available for H-1B petitions, petitioners filing H-1B petitions must do so by paper. Petitioners must comprise a printed copy of the applicable registration selection notice with the FY 2024 H-1B cap-subject petition.
Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still ensure eligibility for petition approval based on current statutory and regulatory requirements. Selection in the registration process does not excuse the petitioner from submitting evidence or otherwise demonstrating eligibility, as registration only determines eligibility to file the H-1B cap-subject petition.
For additional information, please visit the H-1B Cap Season page.
Pre-paid Mailer Suspension
No prepaid mailers will be utilized for FY 2024 cap-subject H-1B petitions, including those that request consideration under the advanced degree exemption, to deliver any communications or final notices.
The procedure of producing and delivering the cap-subject H-1B petition approval notices through first-class mail is entirely automated. Utilizing prepaid mailers necessitates a different, more time-consuming manual method. Such automated process that currently exists is convenient for both petitioners and USCIS. As a result, we will use first-class mail as we work to process all cap-subject petitions as fast as possible.
Receipt Notice Delays
In regards to cap-subject H-1B petitions for FY 2024, which include those petitions requesting consideration under the advanced degree exemption, it’s significant to note that the use of prepaid mailers for communication or final notices will not be employed.
H-1B Registration Requirements and Timeline for 2023–24
It’s a matter of luck that the USCIS implemented an online application system from FY21 onwards.
Previously, the employers of the applicants had to send hard copies of the H-1B application packet, attaching all supporting documents. Online Application makes things smoother and timelier.
How the H-1B Visa 2023 – 24 Registration System Works
Prior to the commencement of the filing window, employers are required to register their beneficiaries with the USCIS database. The registration period for the H-1B 2023 lottery will begin on March 1, 2023, and conclude on March 17, 2023.
To enhance efficiency, petitions will only be utilized after a beneficiary has been selected in the lottery.
The registration process is as follows:
- Employers are obligated to pre-register their alien workers by providing pertinent information to the database.
- Subsequently, USCIS will conduct the H-1B 2023 lottery and select beneficiaries, namely 65,000 for the regular cap and 20,000 for the H-1B master’s cap, who will advance to filing and processing.
- Within 90 days of being selected, the employers of the selected registrants will file their petitions, along with appropriate filing fees and supporting documents, for processing with the USCIS.
- Upon approval of the petition, an H-1B visa will be granted, and the beneficiary’s start date will be October 1st, 2023.
The following employees are exempted from the H-1B registration process:
- professionals willing to change employers and have time remaining in their 6-year H-1B allocation.
- individuals seeking an extension of their approved status after being counted against the cap.
- employees who work for cap-exempt organizations such as educational and non-profit organizations.
Employers must find employees who had no H-1B status but may need it from October 1, 2023, including F1 visa status students or interns who’re willing to switch to H-1B, L-1 intracompany transferees who don’t qualify for green cards as multi-national managers, E-3 visa holders, spouses in H-4, L-2, or E-2 status, and foreign nationals who were not selected in the past H-1B seasons.
How to Sign Up for the H-1B Visa 2023-24 Registration
Here’s the list of steps:
- Create an online account with USCIS at noon E.S.T. on or after February 21, ’23.
- Submit your registration form along with the $10 registration fee at noon E.S.T. on March 1, 2023.
- The registration will be closed at noon E.S.T. on March 17, 2023.
- H-1B ’23 lottery is conducted by the USCIS, beginning with a regular cap and ending with a master’s cap.
- Declaration of H-1B lottery winners by USCIS on or by March 31, 2023.
- If selected, the best time to file your petition is April 1, 2023.
Rules for Submission
The H-1B Visa registration for the 2023-24 season has a limited number of rules to follow to avoid being rejected.
Each sponsor can only submit one registration for each beneficiary. If a single sponsor submits more than one registration for the same beneficiary, all registrations submitted by that sponsor for that beneficiary will be invalid and denied. However, a single sponsor can submit registrations for multiple beneficiaries, and a single beneficiary can have registrations submitted by multiple sponsors.
Required Employer Documents and Information for Each H-1B Registration:
- Name of the employer
- Company’s FEIN (identification number)
- Business address
- Employer’s contact information
- Company’s lawyer’s contact info
Beneficiary Information Required for the H-1B Registration:
- Name
- Birthdate
- Home country and where you maintain citizenship
- Passport number
- Gender
- Educational degrees
From the lottery, around 65k regular cap registrations get selected, and additionally, 20k registrations will be chosen under the advanced degree exemption by the USCIS.
Where to Mail Your Complete H-1B Petition Once Selected
Once your H-1B petition has been selected, you must mail your complete petition to the appropriate USCIS service center. The filing address will be incorporated in the registration selection notice that you receive.
It’s to bring your kind attention that the filing period for H-1B cap-subject petitions will be at least 90 days from the date of the registration selection notice. Therefore, it’s inevitable to ensure that your petition is properly filed and includes all required documentation and fees. Failure to do so may result in a delay or denial of your petition.
What happens after the H-1B 2024 lottery selection?
After the H-1B 2024 lottery selection, USCIS informs all potential petitioners with selected registrations that they may file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.
Beginning April 1, 2023, H-1B cap-subject petitions for FY 2024, including those petitions eligible for the advanced degree exemption, may be filed with USCIS, but only if based on a valid, selected registration. Petitioners with selected registrations are permitted to file H-1B cap-subject petitions for FY 2024 for the beneficiary mentioned in the relevant selected registration notice.
The H-1B cap-subject petition must be properly filed at the appropriate service center and within the filing period mentioned on the relevant registration selection notice. The period for submitting the H-1B cap-subject petition will be at least 90 days.
What are Cap-Exempt Petitions?
Cap-exempt petitions are H-1B petitions that are not subject to the annual H-1B cap. These petitions include those filed by institutions of higher education, certain nonprofit entities related or affiliated to an institution of higher education, and certain government research organizations.
In addition, petitions filed on behalf of H-1B workers who have been counted previously against the cap within the past six years are also considered cap-exempt. Such workers are called H-1B “returning workers.” Cap-exempt petitions can be filed at any time and are not subject to the annual cap limitations.
Avoid These Common H-1B Filing Errors
Here are some common H-1B filing errors that applicants often make:
- Failure to meet the minimum H-1B requirements for the position.
- Filing for a position that is not a specialty occupation.
- Failing to provide enough evidence regarding the beneficiary’s education and work experience.
- Inconsistent information between the Labor Condition Application (LCA) and the H-1B petition.
- Failing to pay the correct fees or including incorrect filing fees or fee checks.
- Failing to provide all the required supporting documentation.
- Failing to obtain the required signatures on the forms.
- Failing to file the H-1B petition with the correct service center.
- Failing to properly maintain the status of the H-1B worker.
- Failing to file an extension of H-1B status in a timely manner.
It’s pivotal to avoid these errors as they can result in the H-1B petition being denied or delayed, which can have significant consequences for both the employer and the employee.
Conclusion
The whole H-1B visa process can be complicated for a fresher. Therefore, it’s always advised that you take assistance from experienced attorneys who are expert enough to guide you through the process. http://www.H1bvisajobs.com are at your service 24/7. CONTACT US anytime!