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2024 (FY25) H-1B Cap Season Is Now Open

on Friday, 15 March 2024 in Labor & Employment Law Update: Sarah M. Huyck, Editor

The 2024 H-1B cap season opened at noon ET on March 6, 2024 and ends at noon ET on March 22, 2024. It is only during this period of time, that employers may submit registrations for the H-1B lottery on behalf of current or prospective employees who have not previously been counted under the regulatory cap. If you have not already started the process, we encourage you to act now before the registration period closes.

As a reminder, there are a limited number of H-1B visas available each fiscal year under federal regulation, with each year’s quota becoming available April 1 for employment commencing October 1.  Every year, the number of registrations greatly outnumbers the number of cap-subject H-1B visas available. Last year there were over 780,000 total registrations.

Basic information on the process for those who are new to H-1B cap season (or a refresher for cap veterans) includes: 

  • Employers must submit an electronic registration for each prospective H-1B candidate.
  • Registrations may be submitted between noon ET on March 6, 2024 and noon ET on March 22, 2024.
  • Prior to registration, employers must create an organizational account in the USCIS portal and may designate a Legal Representative to prepare the registration.
  • No priority is given to registrations submitted at the beginning of the registration period versus those at the end.
  • Prospective petitioners may only submit one registration per beneficiary per fiscal year. If there are duplicate submissions, the registration will be invalidated.
  • All registrations require a $10 non-refundable registration fee. Note that next year’s fee will increase significantly to $215.
  • Following the close of the registration period, USCIS conducts a random lottery, generally during the last week of March.
  • Petitioners whose registrations are selected in the lottery will be invited to file full H-1B petitions in the 90-day period beginning April 1.

If you are interested in sponsoring H-1B nonimmigrant visa status for a current or future employee, do not delay as the registration period is now open.

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