Employers Should Prepare Now Before the 2024 H-1B Visa Lottery Opens March 1

The 2024 H-1B cap lottery registration period is quickly approaching. U.S. Citizenship and Immigration Services recently announced that the initial registration period will begin March 1 and end on March 17, 2023. During this period, employers will be able to complete and submit H-1B registrations for employees or prospective employees. The registration fee for each submission is $10. Employers who do not already have an online registration account can begin to create a new account as early as Feb. 21, 2023.

The government will randomly select registrations and send selection notifications electronically by March 31. Up to 65,000 slots are available to be filled, and an additional 20,000 slots are reserved for registrants with an advanced degree from a U.S. college or university. In recent years, the demand for cap-subject H-1B visas has exceeded the 85,000 visas available per fiscal year. As such, we anticipate that all available slots will be filled again for the 2024 fiscal year.

Selected registrants will then have 90 days to submit an H-1B petition to USCIS, along with filing fees and supporting evidence. If the H-1B petition is approved, employees can begin working as early as Oct. 1.

Employers should keep in mind that certain H-1B petitions are cap-exempt, meaning that H-1B registration and lottery selection is not required for all petitions. For example, certain H-1B workers who are extending their status, amending their status, changing employers or working for a cap-exempt employer may not be subject to the lottery.

Please contact Brandon Davis or Laura Buck of Phelps’ Immigration team if you have any questions or need compliance advice or guidance.