August 7, 2023

The U.S. Citizenship and Immigration Services (USCIS) announced they will conduct a second round of random selections for the fiscal year 2024’s H-1B cap. This round will include beneficiaries eligible for the advanced degree exemption and the ordinary cap. As such, eligible beneficiaries and their petitioners have another chance at selection.

The USCIS reported that it received enough electronic registrations during the initial registration period to reach the FY 2024 H-1B cap. They conducted the first lottery for H-1B registrants in March 2024. The agency then updated the registrants’ online accounts to reflect one of the following statuses: submitted, selected, denied, or invalidated-failed payment.

Those with accounts updated to “Selected” could file an H-1B cap petition. Subsequently, the USCIS opened the initial filing period for FY 2024 H-1B registrants from April 1st, 2023, to June 30th, 2024. This update allowed more time for the selected applicants to begin the filing process.

Now, the USCIS has determined a need for additional registrations to meet the numerical allocation of 65,000 H-1B visas. This need includes the 20,000 H-1B visas for the exemption available to those receiving advanced degrees in Science, Technology, Engineering, and Mathematics (STEM) subjects from a U.S. university.

As a result, the USCIS will conduct a second lottery, giving eligible registrants not selected in the first round a second chance to file for an H-1B visa in FY 2024. After completing the random selection process, the USCIS will again update prospective petitioners selected in the latest lottery. The chosen beneficiaries may then file an H-1B cap-subject petition. The selection notice on the myUSCIS account will include the details of when and where the selected registrant may file.

Those not selected in the second lottery may still receive a chance to file later in the year. In July 2021, the USCIS announced they would perform a third round of random selections for the FY 2022 H-1B cap. However, the agency does not guarantee a third round. Beneficiaries and their petitioners should consider alternative options if this is the final round.

Employers whose prospective workers have received the “Selected” status should prepare for the employment eligibility verification (Form I-9) process. Complying with Form I-9 can present a significant challenge for many employers. However, an electronic I-9 management system can help by providing step-by-step guidance, convenient electronic storage, and a comprehensive suite of features to keep employers compliant.

Make hiring less complicated for your business by automating your employment eligibility verification and ensuring compliance with I-9Compliance.

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