USCIS receives enough initial H-1B registrations to reach cap

Selected registrations may file H-1B cap-subject petitions for FY 2024 starting April 1

US Citizenship and Immigration Services (USCIS) has randomly selected petitioners eligible to file H-1B cap petitions after receiving enough electronic registrations to reach the fiscal year (FY) 2024 H-1B cap, including the master’s degree exemption.

The immigration agency announced Monday that selected registrants may start filing H-1B cap-subject petitions for FY 2024, including those petitions eligible for the advanced degree exemption, with USCIS beginning April 1, 2023.

Read: USCIS reaches fiscal year 2023 H-1B cap (August 23, 2022)

In recent years, Indian professionals have received more than 70% of the annual quota of 85,000 H-1B work visas for highly skilled foreign workers, including 20,000 for those with master’s degrees.

USCIS said it has  notified all prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.

Registrants’ online accounts will now show one of the following statuses for each beneficiary registered:

• Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.

• Selected: Selected to file an H-1B cap petition.

• Denied: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.

• Invalidated-Failed Payment: A registration was submitted but the payment method was declined, not reconciled, disputed, or otherwise invalid.

Only petitioners with valid selected registrations may file H-1B cap-subject petitions for FY 2024, and only for the beneficiary named in the applicable selected registration notice, USCIS said.

Read: FIIDS seeks H-1B grace period extension to 180 days (March 23, 2023)

An H-1B cap-subject petition must be properly filed at the correct service center and within the filing period indicated on the relevant registration selection notice, it said.

The period for filing the H-1B cap-subject petition will be at least 90 days. Online filing is not available for H-1B petitions, so petitioners filing H-1B petitions must do so by paper.

Petitioners must include 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 establish eligibility for petition approval based on existing statutory and regulatory requirements.

Selection in the registration process does not relieve the petitioner of submitting evidence or otherwise establishing eligibility, as registration only pertains to eligibility to file the H-1B cap-subject petition, the agency said.

For more information, visit the H-1B Cap Season page.

USCIS said it will not use prepaid mailers to send out any communication or final notices for FY 2024 cap-subject H-1B petitions, including those requesting consideration under the advanced degree exemption.

Read: Panel for extending grace period for H1-B workers to 180 days (March 15, 2023)

The process of printing and mailing the cap-subject H-1B petition approval notices by first-class mail is fully automated, it said. Using prepaid mailers requires a separate, more time-consuming manual process.

The existing automated process is more efficient for both petitioners and USCIS, the agency said. Because of this, USCIS will use first-class mail as it works to process all cap-subject petitions in a timely manner.

USCIS said when it receives a timely and properly filed H-1B cap subject petition, the petitioner (and, if applicable, the petitioner’s legal representative) will be provided a Form I-797, Notice of Action, communicating receipt of the petition.

Due to increased filing volumes typically seen during H-1B cap filing periods, there are instances where a petition is timely and properly filed, but issuance of the Form I-797 is delayed.

If a petitioner has confirmation from the delivery service that the petition was delivered, but has not yet received a Form I-797 confirming receipt of the petition, they should not submit a second petition.

If a petitioner has confirmation from the delivery service that the petition was delivered and they then submit a second petition, they will be considered to have submitted duplicate petitions. This will result in denial or revocation of both petitions, USCIS warned.

If more than 30 days have passed since the confirmation of delivery and a petitioner has still not received a Form I-797, they may contact the USCIS Contact Center for assistance.

If a petitioner receives notification from the delivery service, or their tracking information suggests, that there may be a delay or damage to the package or that the package was misrouted, they should follow the Delivery Service Error Guidance on the H-1B Cap Season webpage.