USCIS has announced that it has received more than 85,000 registrations during the registration period to reach the fiscal year (FY) 2024 H-1B cap. Musillo Unkenholt has begun the process of notifying clients if their cases were selected or not selected in the H-1B lottery. Selected cases can file an H-1B petition with USCIS beginning April 1, 2023 through June 30, 2023.
“Winning” the lottery does not guarantee an H-1B approval. Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still establish eligibility for petition approval at the time the petition is filed and through adjudication, based on existing statutory and regulatory requirements.
Occasionally, the USCIS does not receive enough H-1B cap petitions during the April 1-June 30 period to meet the 85,000 H-1B annual limit. If this happens, USCIS will conduct subsequent lottery selections until it has approved 85,000 H-1B petitions.
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