USCIS Conducts Second Lottery for FY 2024 H-1B Cap
Kris Quadros-Ragar • September 14, 2023
In March 2023, the U.S. Citizenship & Immigration Services (USCIS) conducted the initial random selection for the fiscal year (FY) 2024 H-1B cap. Only selected registrations were eligible to file H-1B cap-subject petitions during the initial filing period from April 1, 2023, through June 30, 2023. At the end of July 2023, the USCIS provided an update on the H-1B cap selection, stating that additional registrations were required to reach the FY 2024 numerical allocations.
On August 1, 2023, U.S. Citizenship & Immigration Services (USCIS) announced that the agency has completed the second round of H-1B lottery selections, resulting in a total of 188,400 H-1B cap registrations being chosen to fill the annual 85,000 quota. In the initial drawing held in March, the agency had selected 110,791 registrations. This means that an additional 77,609 registrations were selected during the recently completed second lottery. It's worth noting that USCIS typically chooses more registrations than the quota of 85,000 to account for cases in which no petition is ultimately filed, as well as those that may be denied, rejected, withdrawn, or revoked.
The high number of registrations submitted by individuals with multiple sponsors, coupled with increased government scrutiny, appears to have resulted in a decline in the number of H-1B petitions filed with USCIS. This reduced filing rate compared to previous fiscal years ultimately resulted in the need for a second lottery to meet the annual H-1B quota. USCIS considers this outcome as evidence that its efforts to investigate potential fraud are proving effective, prompting employers and their representatives to adopt a more cautious approach when filing H-1B cap petitions. While this cautious approach may have contributed to the need for a second lottery, it also reflects the positive impact of the agency's measures to address potential misuse of the system.
The second lottery selection was conducted from the pool of unselected entries from the initial group, which consisted of 758,994 eligible registrations received by USCIS for the FY 2024 H-1B cap season. As a result of this second drawing, the selection rate for eligible registrations has increased to 24.8%, a significant rise from the initial rate of 14.6% after the first drawing.
The USCIS has not ruled out the possibility of conducting a third lottery selection for FY 2024, depending on the number of H-1B petitions submitted by employers with registrations selected in the second drawing. If the demand for H-1B visas exceeds the available quota after the second lottery results, a third lottery may be necessary to accommodate eligible beneficiaries.
The team at Santos Lloyd Law Firm will stay vigilant in monitoring updates regarding H-1B FY2024 Cap.
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This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Kris Quadros-Ragar
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Disclaimer The information provided herein is for general informational purposes only and does not constitute legal advice. Every immigration case is unique, and the application of the public charge rule may vary depending on your specific situation. If you believe this topic may apply to you or you need individualized legal guidance, we encourage you to contact one of our highly-qualified legal professionals for a consultation and assistance tailored to your circumstances. Resources: USCIS Public Charge Resources ILRC Medi-Cal and Public Charge Alert (2024) California Medi-Cal Immigrant Eligibility FAQ
