H-1B CAP Second Round Selection
USCIS completed a second round H-1B cap lottery selection in July 2023. Companies with new selections may file petitions for selected beneficiaries by October 31, 2023. If a third lottery selection round is needed to fill the H-1B cap quota, it would likely be completed in November.
USCIS selected an additional 77,600 registrations in the second lottery, bringing the total selections to 188,400. This improves the overall selection rate for FY 2024 to 24.8%, up from 14.6% after the initial lottery selection.
USCIS released updated data about how many cap H-1B lottery registrations were selected for case submission for FY (Fiscal Year) 2024 (the current Cap fiscal year) in relation to annual H-1B quota levels for each respective Year, and in relation to the total approval rates for submitted petitions. The data shows the following:
This chart shows registration and selection numbers for fiscal years 2021-2024 (as of July 31, 2023).
*The count of eligible registrations excludes duplicate registrations, those deleted by the prospective employer prior to the close of the registration period, and those with failed payments.
**The number of initial selections for FY 2024 – 110, 791 — was smaller in than in prior years primarily due to (a) establishing a higher anticipated petition filing rate by selected registrants based on prior years; and (b) higher projected Department of State approvals of H-1B1 visas, which count against the H-1B cap.
The 61% rise in the number of registrations submitted by employers this year (FY 2024) and relatively low selection rate so far, (24.8%) compared to last year reflects the following factors: an increase in the number of registrations submitted, the number of registrations submitted on behalf of beneficiaries with multiple registrations, and the number of registrations submitted on behalf of unique beneficiaries with only one registration.
USCIS has stated that the number of eligible registrations for beneficiaries with multiple registrations has raised serious concerns regarding companies attempts to increase their chances of selection. If USCIS finds that the attestations a company signs at the time of registration were not true for the registering party, USCIS may deny a petition or revoke a petition approval. Based on evidence from the FY 2023 and FY 2024 H-1B cap seasons, USCIS has already undertaken fraud investigations, denied and revoked petitions based on these investigations, and is in the process of initiating law enforcement referrals for criminal prosecution.
Meltzer Hellrung continues to monitor data and information released by the government about FY 2024’s H-1B cap lottery selection rates and procedures to relay valuable insights to our clients about their organization’s prospects for cap selection and approval success.
If you have any questions about your eligibility, contact Meltzer Hellrung for assistance.
