‘Tis the Season for H-1B Visas: The FY2024 Cap Lottery Is Almost Here!

By Benjamin A. Nucci, Rebecca A. Winterscheidt, and Jessica Van Ranken

It is almost time for employers to register their interest to sponsor a foreign national in H-1B status. Initial registration for the Fiscal Year 2024 H-1B cap will open at 12:00 p.m. EST on March 1, 2023 and close at 12:00 p.m. EST on March 17, 2023. The registration fee for each sponsored foreign national is $10.00.

What is the H-1B?

The H-1B program allows companies in the United States to temporarily employ foreign workers in specialty occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty or its equivalent. There are 85,000 visas available each fiscal year for private employers, with 20,000 of those reserved for individuals with a U.S. master’s degree or higher. As such, U.S. Citizenship and Immigration Services (USCIS) conducts a lottery on April 1 of each year for employers wishing to sponsor a foreign national for H-1B status starting the next fiscal year (October 1).

How does an employer participate in the H-1B program?

To sponsor a foreign national employee for a H-1B visa, employers must register electronically with USCIS during the March 1 to March 17 registration window. Employers must provide the following information: the employer’s name, EIN, address, beneficiary’s name, birth date, country of birth, citizenship, passport number, education, and attorney information. Employers are limited to one registration per beneficiary. In early April, USCIS conducts its annual lottery from the pool of timely filed electronic registrants, notifies successful applicants, and provides employers at least 60 days to submit their H-1B petition for processing.

Over the past two years, registration numbers have increased:

•    FY2022: 308,613 registrations

•    FY2023: 483,927 registrations

We expect this year’s registration numbers to also exceed the 85,000 available spots.

Note, that in early January 2023, USCIS proposed significant increases in filing fees for various employment-based petitions. The proposal included a substantial increase to the H-1B cap registration fee from $10 to $215. The increase will not affect this year’s H-1B cap registration.

What are the next steps for employers?

Employers are well advised to prepare now for potential sponsorship. While the registration process is not cumbersome, successful applicants only have a narrow window in which to submit the full petition. Consequently, employers considering sponsoring a foreign national should contact counsel to review the documents and information required to submit a petition.