U.S. Citizenship and Immigration Services (USCIS) announced they received sufficient electronic registrations during the initial period to satisfy the FY2024 H-1B cap, including the advanced degrees (master’s cap). A random selection from complete and properly submitted registrations is complete. Individuals selected to submit their petitions for their specific beneficiary have been notified through the online account.

Individuals looking at their online USCIS account will see one of four different statuses:

  • Submitted: The registration was complete and eligible. If the need should arise that an additional allocation is required, this group remains eligible, unless otherwise invalidated.
  • Selected: The petition for this individual and beneficiary is eligible to submit an H-1B cap petition.
  • Denied: The registration is denied due to multiple submissions for the same person on behalf of the same beneficiary. Duplicate registrations are all considered invalid for the FY2024 season.
  • Invalidated – Failed Payment: The payment was not approved or otherwise invalid.

FY2024 H-1B Cap Petitions Open April 1

Individuals with approved H-1B registrations can begin submitting petitions on April 1, 2023. A valid and selected registration specifically for the individual and beneficiary is eligible for filing.

Petitions must be filed in the correct service center within the time period noted on the related registration selection notice. Selected registrations have a minimum of 90 days to submit their petitions. Online filing is not available for H-1B petitions. All filing documents must be submitted via paper and must include a printed copy of the selection notice for the registration. Eligibility must be proven with the petition submission based on existing regulatory and statutory requirements.

Prepaid Mailer Suspension

USCIS will not use prepaid mailers to send final notices or any other communication for FY2024 H-1B cap petitions. As printing and mailing H-1B cap-subject petition approval notices are automated, prepaid mailers are no longer an option. Individuals will receive communications via first-class mail.

Receipt Notices

USCIS will send a Form I-797, Notice of Action, to the petitioner and their legal representative, if applicable, when they receive a timeline and properly filed H-1B cap-subject petition. This confirms receipt of the petition. Delays in receipt of the form may be encountered as a result of the increase in filing volumes seen during this H-1B cap filing period. If individuals have confirmed receipt of the documentation from their delivery service but experience a delay in receiving Form I-797, do not resubmit the petition. This will be treated as a duplicate petition and both will be denied or revoked. Look to the USCIS website for more details about how to follow up with USCIS if a delay in receipt of Firm I-797 is experienced.

If you have questions about the FY2024 H-1B cap-subject selection process or your options if not selected, contact us at ILBSG. We work with our clients in their specific situations to ensure they get the right advice.

FY2024 H-1B FY2024 H-1B cap-subject FY2024 H-1B Selection h-1b