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2023년 8월 2일
H-1B VisaSuper News

Updates on FY 2024 H-1B Cap Lottery: Second Selection Completed

USCIS selects additional registrations for the FY 2024 H-1B visa cap through a random process, aiming to meet the annual numerical limits.

Updates on FY 2024 H-1B Cap Lottery: Second Selection Completed

USCIS recently announced that they need to select additional registrations to reach the FY 2024 H-1B numerical limits. Subsequently, they conducted a random selection process from the remaining properly submitted FY 2024 registrations.

USCIS has finalized the second FY 2024 H-1B lottery result, and employers have been informed about the selection results. Employers must access their H-1B cap registration accounts to determine which beneficiaries were selected.

The USCIS H-1B will display one of the following statuses for each registered beneficiary:

  • Selected: The employer is eligible to file an FY 2024 H-1B cap petition for the beneficiary starting from August 2.
  • Submitted: The beneficiary was not chosen in this lottery selection. However, they will remain considered for selection until the end of FY 2024, in case USCIS needs more complete H-1B cap petitions to fulfill the annual quota during the next filing period. The employer cannot file an FY 2024 cap petition for the beneficiary unless notified otherwise by USCIS.
  • Denied: The employer submitted a duplicate registration for the same beneficiary. In case of a duplicate registration denial, all of the employer's registrations for that specific beneficiary are invalid.
  • Invalidated – Failed Payment: A registration was submitted, but the payment method was declined, not reconciled, disputed, or deemed invalid.
  • Not selected: The beneficiary is ineligible to file an H-1B cap petition based on this registration.

Second H-1B lottery selection

The second lottery selection notices indicate a petition filing period from August 2 to October 31, 2023, during which all H-1B cap petitions for registrations selected in the second lottery must be submitted.

In most cases, cap petitions can be filed at any time within this filing period. However, certain situations may require specific timing.

For instance, if the beneficiary is an F-1 student working on optional practical training (OPT) and requires cap-gap protection, the petition must be filed before the expiration of the individual's OPT employment authorization document expires.

On the other hand, if the beneficiary is awaiting the completion or award of a necessary degree, the petition should not be filed until the degree has been issued or the beneficiary has obtained documentation from the appropriate school official confirming the fulfillment of all degree requirements.

For foreign nationals registered in the cap lottery, here's what to expect:

Your H-1B sponsoring employer will use the USCIS registration system to check the results of the FY 2024 cap lottery. Employers will carefully review the selections and use their agreed-upon communication protocols to notify those who have been selected. Rest assured that you will be notified in due course.

If you are one of the lucky ones selected in the lottery, your employer will move forward with the necessary steps to file an H-1B petition with USCIS on your behalf.

To successfully file an H-1B cap-subject petition, submitting it correctly at the appropriate service center within the indicated filing period stated on the registration selection notice is essential. The filing window for the H-1B cap-subject petition will extend for at least 90 days.

It is important to note that online filing is not an option for H-1B petitions; therefore, petitioners must file their H-1B petitions using paper forms. When filing the H-1B petition, petitioners must ensure to include a printed copy of the relevant registration selection notice for FY 2024 with their submission.

The possibility of subsequent lottery selections

If a registration was not selected in the current lottery, it will be retained in the system and considered for selection in case USCIS does not receive enough H-1B cap petitions to meet the 85,000 annual quota by October 31.

Whether a third lottery selection will occur depends on the number of registrations selected by USCIS in the second round and the quantity of H-1B petitions submitted by employers with registrations selected in the second drawing.

During the previous H-1B cap season, USCIS held only one lottery selection, resulting in a single H-1B cap filing period from April 1, 2022, to June 30, 2022.

However, in the two previous H-1B cap seasons, USCIS conducted multiple H-1B registration selection lotteries. Specifically, during the FY 2021 season, there were two drawings, and during the FY 2022 season, there were three lottery drawings.

Learn more about H-1B visa here

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