By early April 2024, USCIS announced the completion of the H-1B cap registration selection for the 85,000 available visas. This year, 470,342 eligible registrations were submitted for 442,000 unique beneficiaries. USCIS selected 114,017 beneficiaries, resulting in a selection rate of about 25%, a decrease from last year’s 759,994 registrations and 188,400 selected beneficiaries. All selected registrants have been notified.
All H-1B cap registrants selected in the lottery must file their petitions before June 30th, 2024. We recommend submitting fully-prepared and well-documented petitions as early as possible after the filing window opens to avoid any last-minute issues or delays. While it may be possible to refile a rejected H-1B cap petition within the deadline, if a petition is rejected after June 30th, there is no recourse, and the H-1B cap registration will be lost.
Key Considerations for Filing the H-1B Cap Petition:
- CPT and Maintenance of F-1 Status: Carefully analyze the validity of F-1 CPT before requesting a change of status to H-1B. Consider consular processing to avoid issues related to “Day-1” CPTs.
- Specialty Occupation: Ensure the position clearly requires a bachelor’s degree or higher in a related field.
- Wage Level I/Entry-Level Position: Align entry-level positions with the SOC job category and job description to avoid misclassifications.
- In-house Project Documentation: Provide extensive documentation for in-house projects, including technical and business materials, project timelines, and evidence of office space.
- Third-party Placement/Right to Control: Submit comprehensive documentation of the employer-client relationship, including contracts and statements of work, to demonstrate the employer’s control over the employee at third-party sites.
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