Updates about the H-1B CAP Petition Filing

U.S. Citizenship and Immigration Services (USCIS) has announced that it has received enough electronic registrations to meet the fiscal year (FY) 2024 H-1B numerical allocations, including the advanced degree exemption. The agency has randomly selected registrations for the H-1B cap and has notified all prospective petitioners whose registrations were selected. These petitioners are now eligible to file an H-1B cap-subject petition for the beneficiary listed in the selected registration. Registrants can check the status of their registrations online, which will indicate whether the registration has been submitted, selected, denied, or invalidated due to payment issues.

Starting from April 1, 2023, petitioners with selected registrations may file H-1B cap-subject petitions for FY 2024. The filing period will be at least 90 days (till June 30th, 2023), and the petition must be properly filed at the correct Service Center. Online filing is not available for H-1B petitions; therefore, petitioners must file by paper and include a printed copy of the relevant registration selection notice. It is important to note that being selected in the registration process does not guarantee approval of the petition, as petitioners must still establish eligibility based on existing statutory and regulatory requirements.

In the FY 2024 cap-subject H-1B petition process, USCIS has suspended the use of prepaid mailers for communication and final notices. Instead, the agency will use the automated process of printing and mailing the approval notices via first-class mail, which is more efficient. However, there may be delays in issuing the receipt notice (Form I-797) due to increased filing volumes during the H-1B cap filing period. Petitioners are advised not to submit a second petition if they have confirmation of delivery but have not yet received the receipt notice. Submitting duplicate petitions will result in the denial or revocation of both petitions.

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