As the fiscal year 2024 gets underway, there are important updates from United States Citizenship and Immigration Services (USCIS) regarding the H-1B visa program. These changes may impact both applicants and employers, offering additional opportunities for foreign professionals in specialty occupations to work in the United States. Here is what you need to know.
March 2023: Initial Random Selection Process
In March 2023, USCIS executed an initial random selection of properly filed electronic registrations for the H-1B cap for fiscal year (FY) 2024. This included beneficiaries who were eligible for the advanced degree exemption. This initial selection process identified the first round of petitioners eligible to file H-1B cap-subject petitions for FY 2024.
Following this selection, these petitioners were allowed to submit their applications during the filing period which ran from April 1, 2023, to June 30, 2023.
Additional Selections/How to Check Your Status
Despite this initial selection process, USCIS has determined that additional registrations were needed to fulfill the H-1B cap for FY 2024. As such, they carried out a second round of selections from the pool of previously submitted electronic registrations.
USCIS made an announcement and notified all prospective petitioners with selected registrations that they are now eligible to file an H-1B cap-subject petition. Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2024, and only for the beneficiary named in the applicable selected registration notice.
If your registration was selected in this additional round, you will find a notification in your myUSCIS account. Your account will be updated to include a selection notice. This notice will contain vital details, including instructions about when and where to file your H-1B cap-subject petition.
I’ve been selected. What Happens Now?
To successfully file your H-1B cap-subject petition, begin by identifying the correct service center for your petition. This is a crucial step to ensure that your submission is received and processed properly. Next, mark your calendar for the specific filing period, as indicated on your registration selection notice. The time frame for filing will be at least 90 days.
Since the system does not accommodate online submissions for H-1B petitions, be prepared to complete and submit all necessary paperwork manually. Finally, while assembling your FY 2024 H-1B cap-subject petition, do not forget to include a printed copy of your registration selection notice.
It is important to remember that being selected in the registration process only determines one’s eligibility to file an H-1B cap-subject petition. It is crucial for applicants, including those who qualify for the advanced degree exemption, to understand that they still need to meet the existing statutory and regulatory criteria to receive petition approval when they file their H-1B cap-subject petitions.
This recent development serves as a reminder of the dynamic nature of immigration regulations. As always, it is important to stay up to date with changes and updates from USCIS. Whether you’re an employer looking to hire foreign talent or a professional seeking opportunities in the United States, understanding these changes is crucial for successful navigation of the immigration process.
Our firm is committed to providing the latest information and professional advice for businesses and individuals involved in the H-1B visa program. We understand the complexities of immigration law and are here to help you navigate through every step of the process.
Stay tuned for more updates regarding the H-1B cap for FY 2024, and don’t hesitate to reach out to us for personalized assistance and advice on the H-1B application process.
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