The USCIS has released data on the FY-2024 cap registration statistics for the H-1B visa, revealing a significant increase in demand despite recent tech layoffs. The number of registrations received by USCIS in 2023 rose to 780,884, a 61% increase from the previous year. Of these registrations, more than half were from candidates who registered through multiple employers. Which means the number of beneficiaries with multiple registrations doubled.

The rise in multiple registrations has raised USCIS’ concern of unfair advantages due to collaboration to submit multiple registrations. Each registration requires an attestation that the petitioner did not work with any other organization to unjustly increase the beneficiary’s chance of selection. The agency has warned that it can deny a petition, revoke an approved petition, or “refer the individual or entity who submitted a false attestation to appropriate federal law enforcement agencies for investigation and further action.” As a result of their findings, USCIS has already initiated extensive fraud investigations, denied and revoked some petitions, and has begun law enforcement referrals for criminal prosecution.

In spite of the 61% increase in total registrations, USCIS selected fewer cases in the first round than in previous years. Of the 780,884 registrations received, only 14 percent were selected in the first round. Last year, USCIS selected 26% of the total registrations in the first round and was able to complete the cap without any further selections. Due to the high number of duplicate registrations in 2023, it is likely that USCIS will not be able to complete the cap with the first-round selection. As a result, there may be a second or subsequent selection round later this year.

ILBSG has vast experience and success in handling the multiple petition rule issue and is highly prepared to handle inquiries from USCIS. The H-1B filing period is still open and will close on June 30, 2023. ILBSG encourages H-1B petitioners to file eligible cap cases as early as possible to increase chances of approval. If you have immigration-related questions or need help filing petitions, contact an ILBSG attorney today.