Employers have a limited window remaining to submit petitions for foreign nationals chosen in the second round of the Fiscal Year (FY) 2024 H-1B cap lottery, with the deadline set for October 31, 2023. It is crucial for employers to collaborate closely with their Fragomen team to compile and submit comprehensive H-1B cap petitions, along with supporting documentation, to the U.S. Citizenship and Immigration Services (USCIS) before the filing period concludes. The validity of lottery selections extends only until October 31, underscoring the importance of timely submission.
The possibility of a third H-1B cap registration lottery for FY 2024 remains uncertain. USCIS could consider such a measure in November, following the closure of the second filing period, to assess the need for additional selections to meet the annual cap of 85,000.
USCIS retains registrations that were not initially selected in the H-1B cap registration lottery for the relevant fiscal year. While multiple lottery selections were conducted in previous cap seasons, no such action was taken in the FY 2023 season. USCIS’s heightened scrutiny in response to a significant surge in registrations for the FY 2024 season, particularly instances of multiple registrations for the same beneficiary, has led to investigations into potential misuse of the H-1B registration system. The outcome of these investigations may influence the number of H-1B cap petitions filed by selected registrants in the second lottery drawing, and a third lottery selection cannot be ruled out if a significant decrease occurs.
