Key Points: The new selections were taken from H-1B registrations submitted in March 2023. Employers with selected registrations are eligible to move ahead with filing H-1B petitions between Aug. 2, 2023, and Oct. 31, 2023.

The U.S. Citizenship and Immigration Services (USCIS) has completed the second round of H-1B cap lottery selections it previously announced late last month (USCIS to Conduct Second Random Selection from Previously Submitted FY2024 H-1B Cap Registrations | Inside Business Immigration (gtlaw-insidebusinessimmigration.com)).

FY 2024 H-1B Cap Lottery

USCIS received more than 780,000 (H-1B Electronic Registration Process | USCIS) H-1B registrations in March 2023 and more than half of eligible registrations were duplicate registrations naming beneficiaries with multiple employers submitting a registration on their behalf. USCIS completed its initial random selection of H-1B cap-subject registrations in March and the filing window for registrations selected in the first lottery was from April 1 to June 30.

USCIS investigated allegations of fraud in the H-1B registration process (USCIS Releases Numbers for H-1B Cap Registration; Includes Allegations of Misconduct | Inside Business Immigration (gtlaw-insidebusinessimmigration.com)) based on a high number of duplicate registrations. This second lottery selection therefore was anticipated to meet the FY2024 cap. USCIS confirmed on July 27, 2023 that a second H-1B registration lottery selection would take place (USCIS to Conduct Second Random Selection from Previously Submitted FY2024 H-1B Cap Registrations | Inside Business Immigration (gtlaw-insidebusinessimmigration.com)). On Aug. 1, 2023, USCIS announced that it completed the second lottery selection and notified employers that they are eligible to file H-1B petitions for selected beneficiaries.

As of now, USCIS has not provided any information regarding the number of H-1B visas selected in the second round. However, at GT, we observed that candidates with U.S. master’s degrees performed better than those under the regular cap. A third lottery remains a possibility, although uncertain. If it were to occur, additional selections likely would continue to be taken from the H-1B registrations submitted in March 2023.

Tags: H-1B, h-1b visa, USCIS
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Photo of Miriam C. Thompson Miriam C. Thompson

Miriam advises employers across all industries on business immigration and compliance. She has experience with managing the full range of U.S. employment-based immigration filings, including intracompany transferee programs, specialty occupations, traders and investors, labor certifications, trainees, extraordinary ability petitions, religious workers, and national…

Miriam advises employers across all industries on business immigration and compliance. She has experience with managing the full range of U.S. employment-based immigration filings, including intracompany transferee programs, specialty occupations, traders and investors, labor certifications, trainees, extraordinary ability petitions, religious workers, and national interest waivers. Miriam’s representative matters within her practice area include providing legal and policy guidance to large multinational companies, as well as individual clients, startup companies, and small and mid-size domestic corporations, with a focus on delivering effective strategies in the realm of worksite immigration compliance and U.S. immigration programs.

Miriam also counsels employers in connection with internal and external audits to ensure regulatory compliance with I-9 employment verification, E-Verify, and U.S. Department of Labor requirements. Her representative work includes developing enterprise-wide immigration policies for large employers and advising on immigration-related concerns of companies undergoing corporate restructuring, mergers and acquisitions, and reductions in workforce. She also supports multinational employers with complex global workforce needs and works with professionals from the firm’s labor and employment and tax and benefits groups to provide strategic planning on cross-border employee mobility.

Miriam lived, studied, and worked in Germany, Switzerland, and France. Her native language is German and she is conversational in French.

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