USCIS released the FY-2024 cap registration statistics, which reveal notable increases in several areas. First, as predicted by ILBSG, demand for the H-1B visa did not waiver at all, despite recent tech layoffs which may have suggested otherwise. Instead, USCIS received more H-1B registrations than ever before. In 2022, USCIS received 483,927 registrations for the 85,000 available visas (including the U.S. master’s cap). In 2023, that number climbed to an unprecedented 780,884, an increase of 61%.

USCIS also saw the number of registrations for beneficiaries with multiple registrations more than double. In 2022, USCIS received 165,180 registrations for candidates with multiple registrations. In 2023, that number climbed to 408,891 – meaning that more than half of the people registering in the lottery registered through multiple employers. This is an increase of 148% over last year. The remaining 350,103 registrations were for beneficiaries with no other eligible registrations, meaning candidates who registered only one time. This is not altogether surprising, although it does raise an alarm. Because the percentage of selection was lower last year, people naturally sought out opportunities to register with multiple employers, to increase their chances of getting picked. However, for some, this may have serious implications.

In announcing the registration data, USCIS noted that the sharp increase in multiple registrations has “raised serious concerns that some have tried to gain an unfair advantage by working together to submit multiple registrations on behalf of the same beneficiary.” USCIS reminded the public that each time a registration is submitted, the petitioner is required to sign an attestation that it has not worked with another organization to unfairly increase the chances of selection. USCIS has confirmed that if it finds that the attestation was not true and correct, USCIS can deny the petition, revoke an approved petition, or “refer the individual or entity who submitted a false attestation to appropriate federal law enforcement agencies for investigation and further action.” USCIS further explained that “based on evidence from the FY 2023 and FY 2024 H-1B cap seasons, USCIS has already undertaken extensive fraud investigations, denied and revoked petitions accordingly, and is in the process of initiating law enforcement referrals for criminal prosecution.” There can be no doubt that the agency is taking this issue very seriously.

Clearly, USCIS will again target the multiple registration issue this cap season. It will be very important for H-1B petitioners to show that they registered each beneficiary for a completely independent, unique opportunity at the company and that it did not work with any other company (legally related or not) to unfairly increase the chance of selection. At ILBSG, we have extensive experience and success in navigating the multiple petition rule issue, so we are prepared to handle these inquiries from USCIS.

On a final note, despite the 61% increase in total registrations, USCIS selected fewer cases in the first round than in years past. In 2022, USCIS selected 127,600 registrations (26% of the total registrations) in the first round and was able to complete the cap without any further selections. This year, USCIS selected 110,791 registrations, which represents only 14% of the 780,884 received. Because of the high number of duplicate registrations, there is a high likelihood that USCIS will not be able to complete the cap with the first rounds selection. If that happens, we may see a second or subsequent selection round later this year.  ILBSG will post updates on any new developments.

As a reminder, the H-1B filing period is now well underway. It will close on June 30, 2023, meaning there are just over two months left to file a petition for selected registrations. ILBSG can confirm based on last year’s data that cases filed earlier in the cap season are more likely to receive a straight approval, without an RFE or further inquiry. As such, we encourage H-1B petitioners to file eligible cap cases as early as possible, to ensure the best result.

If you have questions regarding the H-1B cap or need help filing petitions, please reach out to an ILBSG attorney today. We are here to help.

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