U.S. Citizenship and Immigration Services (USCIS) announced they received enough  electronic registrations during the initial period to satisfy the FY2024 H-1B cap. This includes the advanced degrees (master’s cap). USICS randomly selected from complete and properly submitted registrations to make their selection. Individuals selected to to file an H-1B petition for their selected beneficiary have been notified through their online account.

Petitioners  looking at their online USCIS account will see one of four different status:

• Submitted: The H-1B registration is complete and eligible for possible subsequent selections, if needed.
• Selected: The registration is eligible to submit an H-1B cap petition for the beneficiary named on the selected registration.
• Denied: The registration is denied either due to multiple registrations  for the same person on behalf of the same beneficiary or were not complete.  Duplicate registrations are all considered invalid this fiscal year.
• Invalidated – Failed Payment: The payment was not approved, disputed or otherwise invalid.

FY2024 H-1B Cap Petitions Open April 1

Individuals whose H-1B registrations have been selected can begin submitting petitions with USCIS on April 1, 2023. Only valid and selected registrations as specifically stated on the registration for the individual and beneficiary are eligible for filing.

H-1B petitions must be filed in the correct service center within the time period noted on the applicable registration selection notice. Selected registrations have a minimum period of 90-days to submit their petitions. Online filing is not available for H-1B petitions so all filing documents must be submitted via paper. A printed copy of the selection notice for the registration must be included. Petitioners must prove eligibility for petition approval based on existing regulatory and statutory requirements.

Prepaid Mailer Suspension

Because printing and mailing H-1B cap-subject petition approval notices is automated, USCIS will no longer use prepaid mailers to send final notices or any other communication for FY2024 H-1B cap petitions. Instead, individuals will receive communications via first-class mail.

Receipt Notices

Once USCIS receives a timeline and properly filed H-1 cap-subject petition, they will send a Form I-797, Notice of Action, to the petitioner and their legal representative, if applicable.This confirms receipt of the petition. Due to the increase in filing volumes seen during this H-1B cap filing period, delays in receipt of the form may be experienced. Do not resubmit the petition if you have confirmed receipt of the documentation from your delivery service but experience a delay in receiving the Form I-797. This will be treated as a duplicate petition and will result in both being denied or revoked.

If you have questions about the FY2024 H-1B cap-subject selection process or your options if not selected, please contact us. We work with our clients in their specific situations to ensure they get the proper guidance.