USCIS H-1B PETITIONS – FY 2024 Cap Season is Here

As we prepare to enter 2023, we also are preparing for the upcoming 2024 H-1B fiscal year registration window.  Employers that sponsor foreign workers should be assessing their H-1B needs now for the fiscal year 2024.

To prepare for next year’s H-1B lottery registration, employers should consider identifying all current and prospective non-US citizen employees who have not held H-1B status before, but may need to obtain this status beginning on Oct. 1, 2023, including:

• Students, recent hires, or paid interns who hold F-1 visa status and are working under Optional Practical Training (OPT) or STEM OPT employment authorization
• Certain L-1 Intracompany Transferees who do not qualify for green cards as multi-national managers
• Individuals in TN status for whom you wish to pursue green cards
• Prospective foreign national employees who qualify for H-1B status yet were not selected for an available H-1B number during a prior lottery
• Other possible H-1B candidates, including certain E-3 and H-1B1 visa holders and spouses in H-4, L-2 or E-2 status

In 2020 USCIS instituted an electronic pre-registration system for H-1B petition filings. For this year, USCIS has indicated the initial registration process will open at noon on March 1 and remain open until noon on March 18, 2023.  The petitions randomly selected in lottery are supposed to be announced on or before March 31, 2023.

To register, an employer will need to submit a separate registration online at the myUSCIS website (www.uscis.gov) for each employee (including those with an advanced degree) along with a $10 registration fee for each employee.  Prior to the March 1, 2023 pre-registration opening, employers will be able to create an account on the USCIS website which will then allow the employer to prepare and edit the information needed before final submission. USCIS has a step-by-step process for the initial registration on their website.  https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-electronic-registration-process

For more information, please contact Karl Ulrich at 937.222.2052 or by email at kulrich@ssdlaw.com.