The United States Citizenship and Immigration Services (USCIS) recently released an update regarding the Fiscal Year 2024 registration period which took place this year from March 1, 2023 through March 20, 2023. This year the initial electronic registration period was set for March 1, 2023 through March 17, 2023, but due to a technical issue reported by many registrants on March 16, 2023 USCIS accepted registration submissions through March 20, 2023.

Quick Overview of the H-1B Registration Process

 The H-1B visa lottery is a system used by USCIS to select which employers can sponsor foreign workers for employment-based H-1B nonimmigrant visas. H-1B visas are nonimmigrant visas that allow foreign workers to work in the United States in specialty occupations requiring, at minimum, the equivalent of a United States bachelor degree in a field related to their offered position.

The H-1B electronic registration process was implemented in 2020 beginning with the Fiscal Year 2021 H-1B cap. This implementation has significantly streamlined processing and selection of the eligible candidates who can benefit from one of the total 85,000 H-1B visas available per year.  Specifically, the electronic registration process has reduced paperwork and data exchange, and provides an overall cost savings to petitioning employers and USCIS. The current cap for H-1B visas is 65,000 per year, with an additional 20,000 visas available for foreign workers who have earned a master’s degree or higher from an accredited U.S. institution.

Overview Fiscal Year 2024 H-1B Registration

USCIS started issuing selection notices this year on March 24, 2023, one week before the H-1B Cap filing window which is open starting April 1, 2023 through June 30, 2023. On March 27, 2023 USCIS announced the Service received sufficient electronic registrations during the initial registration period to reach the Fiscal Year 2024 H-1B numerical allocations (H-1B cap), including the advanced degree exemption also known as the master’s cap.

USCIS has released data as of April 24, 2023 that reflects a less than 15 percent selection rate out of the 758,994 recorded eligible registrations this year due to an unprecedented increase in the number of registrations submitted compared to prior years. A detailed record how substantial this increase in electronic registrations is shown in the below chart reporting registration and selection numbers since Fiscal Year 2021.

The chart provides a clear distinction between received registrations and eligible registrations*. Specifically, the count of eligible registrations excludes duplicate registrations, those deleted by the prospective employer prior to the close of the registration period, and those with failed payments.

USCIS clarifies further that the significantly low selections percentage rate** in Fiscal Year 2024 is primarily due to (a) establishing a higher anticipated petition filing rate by selected registrants based on prior years; and (b) higher projected Department of State approvals of H-1B1 visas, which count against the H-1B cap. However, the almost doubled number of eligible registrations is suspected to be due in large part to the eligible registrations for beneficiaries with through multiple employers. This practice raises serious concerns that some may have tried to gain an unfair advantage by working together to submit multiple registrations on behalf of the same beneficiary. This may have unfairly increased their chances of selection and USCIS is committed to deter and prevent this suspected abuse of the registration process. Based on evidence from the FY 2023 and FY 2024 H-1B cap seasons, USCIS has already undertaken extensive fraud investigations, denied and revoked petitions accordingly, and is in the process of initiating law enforcement referrals for criminal prosecution.

It is important that the public is reminded that at the time each registration is submitted, each prospective petitioner is required to sign an attestation, under penalty of perjury, that:

• All of the information contained in the registration submission is complete, true, and correct;
• The registration(s) reflect a legitimate job offer; and
• The registrant, or the organization on whose behalf the registration(s) is being submitted, has not worked with, or agreed to work with, another registrant, petitioner, agent, or other individual or entity to submit a registration to unfairly increase chances of selection for the beneficiary or beneficiaries in this submission.

If USCIS finds that this attestation was not true and correct, USCIS will find the registration to not be properly submitted and the prospective petitioner would not be eligible to file a petition based on that registration. USCIS may deny a petition, or revoke a petition approval, based on a registration that contained a false attestation and was therefore not properly submitted. Furthermore, USCIS may also refer the individual or entity who submitted a false attestation to appropriate federal law enforcement agencies for investigation and further action, as appropriate.

The H-1B program is an essential part of our nation’s immigration system and our economy, as it allows for qualifying professionals and their families to work towards the American Dream. With this update and continued efforts, USCIS is showing their commitment to implement the law and helping meet the ever-changing needs of the U.S. labor market.  

Employers are currently still able to timely file H-1B cap petitions for selected registrations through June 30, 2023. It is always recommended to seek proper assistance from an experienced employment-based immigration attorney to ensure your employment-based petitions are adequately filed to USCIS.

Reddy & Neumann has been serving the business community for over 20 years and is Houston’s largest immigration law firm focused solely on US. Employment-based immigration. We work with both employers and their employees, helping them navigate the immigration process quickly and cost-effectively.

By : Jeanetly Garcia

Jeanetly Garcia advises employers and individuals through all phases of the non-immigrant visa process. As an attorney in the H-1B Department at Reddy Neumann Brown PC she is experienced in filing nonimmigrant petitions and applications for immigrant benefits, as well as, responding to USCIS issued requests for evidence concerning an array of legal issues.