As we previously predicted, the United States Citizenship and Immigration Service (USCIS) has officially announced that it will conduct a second lottery of the H-1B cap registrations submitted in March 2023 for the FY2024 H-1B cap. Answers to common questions are addressed below.
Do employers have to submit new H-1B cap registrations?
No. Employers do not need to do anything at this time. USCIS is not accepting new registrations; they will only be conducting the lottery based on registrations that were submitted but not selected in March 2023. If the registration is selected in this lottery, the employer may proceed with the H-1B petition process to file with USCIS.
Do individuals need to do anything?
No, they do not need to do anything at this time. If the registration is selected in this lottery, the employer may proceed with the H-1B petition process to file with USCIS.
Why is USCIS conducting a second lottery?
USCIS did not receive sufficient H-1B cap petitions during the initial 90-day filing period (April 1 to June 30) to meet the quota for both the “Bachelor’s” cap and the “Master’s” cap for FY2024.
USCIS will conduct the lottery shortly. Employers and their representatives will receive USCIS notifications if additional H-1B cap registrations that they submitted in March 2023 were selected in this second FY2024 H-1B cap lottery process.
How will we know that the lottery has been completed?
USCIS will announce when it has completed this second lottery of H-1B cap registrations and has notified all employers and representatives with newly selected H-1B cap registrations.
What happens after an employer is notified that an H-1B cap registration has been selected in this second lottery?
The employer may then proceed with filing an H-1B petition to sponsor the individual for H-1B status. USCIS will provide a 90-day filing period.
WR Immigration will provide additional updates as this second lottery process proceeds. Stay tuned and good luck!