The H-1B visa cap filing season is quickly approaching with the start of the new year. For U.S. employers, the H-1B visa is a valuable tool for acquiring talented foreign national labor. The visa holders also view it highly because it is a way to pursue permanent residency. The electronic pre-registration process for parties interested in the selection lottery will begin in March 2024.

The U.S. Citizenship and Immigration Services (USCIS) will release more information as March approaches, such as the dates for filing electronic pre-registrations. The USCIS will also provide details concerning the year’s selection process changes. Some speculated that 2023’s discussions of fraud during the selection process will lead to significant changes for 2024.

Once the submission process closes, the USCIS will use the random electronic selection process to select applicants. This process is how the USCIS fills its 85,000 requirement. It will include 65,000 petitions for the regular category and 20,000 for holders of U.S. advanced degrees.

2024 will be the fifth consecutive year the USCIS has utilized its electronic registration system. This system allows employers to provide relatively minimal information for each electronic pre-registration. As such, employers only need to fill out an H-1B petition if a visa number is available for their chosen worker. This change will save everyone time and money. However, employers must ensure that the position and chosen employee meet the requirements for an H-1B classification.

The USCIS will notify the lottery winners so they may begin filling out their petitions. Typically, it takes a few days to reach the cap. As such, employers often learn about the initial selections in late March. Following this is the filing period, which begins on April 1 and ends on June 30.

Existing H-1B workers do not have to worry about the annual cap. These workers are not typically subject to the cap. Others not affected include those seeking to extend their status, change employers, change the terms of their employment, or file for a concurrent H-1B position.

Those seeking H-1B visa renewals may also benefit from a new State Department pilot program. This program would allow certain H-1B visa holders to apply for domestic visa renewals. According to the State Department, 20,000 eligible applicants will receive the option to renew their visas without leaving the United States. The Federal Register Notice will outline the eligibility criteria for interested parties.

Employers hiring H-1B workers should not overlook other documentary concerns. For example, they must remember to complete the employment eligibility verification (Form I-9) process. Unfortunately, this process has proven challenging due to the many documents such employers may present.

The best way to stay on top of this documentary process is to use an electronic I-9 management system. This system can guide employers through the process, help ensure uniform completion, and store forms and documentation electronically.

When it comes to your employees, automation makes eligibility verification quick and simple. Ensure compliance today with I-9 Compliance.

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