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USCIS announced yesterday that it has closed the FY2024 lottery selection. While some selections have been released, we are still seeing the selection notices trickle in. We estimate that some emails may still be sent out until the end of this week.
NEXT STEPS FOR HR MANAGERS
How many registrations were submitted this year?
While we will have to wait for USCIS to make the data public, what we've heard through the grapevine is that 500,000 - 700,000 registrations were submitted for a quota of 85,000 for both Master's and Regular Cap.
How can I check if my employees were selected?
USCIS automatically sends out selection notices to the employer's Point of Contact. This is the person who registered the employees for the lottery. If you did not get a selection notice for an employee, that employee wasn't selected in the lottery. However, just to be sure, you can log into your USCIS account and check the status for all employees registered for the lottery. Each employee should have one of the following status -
Selected - The employee was selected in the lottery
Submitted - The employee was not selected in the lottery. This status would change to not selected on Sep 31, 2023
Denied - The registration was denied because of duplicate entries or other reasons
Invalid-Failed Payment - The registration payment was declined
Can my employees track their lottery selection decision on USCIS' website
Unfortunately, there's no way for foreign nationals to see this information. You will have to check this information for them.
Will there be a second lottery?
We doubt that there will be a second selection round. USCIS has gotten really good at estimating the selections, so that there are no open seats to fill later.
If my employee was selected, does it mean that they are now on H-1B?
No. This is just a selection which marks that we can now start working on your H-1B petition.
My employee runs out of status this year. What can they do?
If your employee's status is expiring soon then we suggest that you talk to your immigration counsel to explore options. There is the possibility that they could enroll in the "Day-1 CPT" program and extend their status but your counsel will be able to guide you better. We are happy to explore options with you. You can set up a strategy call with us through this link.
What are the next steps for employees that were selected in the lottery?
You will now file the H-1B petition for the selected employee. USCIS will start accepting petitions starting April 01, 2023.
How long do we have to submit the H-1B petition?
USCIS allows employers 90 calendar days from April 01, 2023 to submit petitions for selected employees.
When can my employee start on the H-1B visa?
Once the H-1B petition is approved, the employee can start on H-1B visa starting Oct 01, 2023
My selected employee runs out of status before Oct 01, 2023. What can I do?
If your employee's current status expires before Oct 01, 2023, they may be able to qualify for "Cap-Gap" extension, which allows the foreign national to legally stay in the US until Oct 01, 2023. Please consult with your immigration counsel to see if your employee qualifies for the extension.
Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult a WayLit-affiliated attorney or another qualified professional.