U.S. Citizenship and Immigration Services says cap for H-1B visa reached

H1B Visa. Image credit Pixaby

IBNS/U.S. Citizenship and Immigration Services (USCIS) on Monday said it has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2024 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap).

“We have randomly selected from the registrations properly submitted to reach the cap, and have notified all prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration,” USCIS said in a statement.

FY 2024 H-1B Cap Petitions May Be Filed Starting April 1

H-1B cap-subject petitions for FY 2024, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2023, if based on a valid, selected registration.

Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2024, and only for the beneficiary named in the applicable selected registration notice.

An H-1B cap-subject petition must be properly filed at the correct service center and within the filing period indicated on the relevant registration selection notice.

The period for filing the H-1B cap-subject petition will be at least 90 days.

Online filing is not available for H-1B petitions, so petitioners filing H-1B petitions must do so by paper.

Petitioners must include a printed copy of the applicable registration selection notice with the FY 2024 H-1B cap-subject petition.

Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still establish eligibility for petition approval based on existing statutory and regulatory requirements.

Selection in the registration process does not relieve the petitioner of submitting evidence or otherwise establishing eligibility, as registration only pertains to eligibility to file the H-1B cap-subject petition.

Pre-paid Mailer Suspension

“We will not use prepaid mailers to send out any communication or final notices for FY 2024 cap-subject H-1B petitions, including those requesting consideration under the advanced degree exemption,” the US government statement said.

The process of printing and mailing the cap-subject H-1B petition approval notices by first-class mail is fully automated.

Using prepaid mailers requires a separate, more time-consuming manual process.

The existing automated process is more efficient for both petitioners and USCIS.

Because of this, we will use first-class mail as we work to process all cap-subject petitions in a timely manner.

Receipt Notice Delays

“When we receive a timely and properly filed H-1B cap subject petition, the petitioner (and, if applicable, the petitioner’s legal representative) will be provided a Form I-797, Notice of Action, communicating receipt of the petition. Due to increased filing volumes typically seen during H-1B cap filing periods, there are instances where a petition is timely and properly filed, but issuance of the Form I-797 is delayed. If you are a petitioner and have confirmation from the delivery service that the petition was delivered, but you have not yet received a Form I-797 confirming receipt of the petition, you should not submit a second petition,” read the statement.

“If you have confirmation from the delivery service that the petition was delivered and you then submit a second petition, you will be considered to have submitted duplicate petitions,” read the statement.

This will result in denial or revocation of both petitions.

If more than 30 days have passed since the confirmation of delivery and you have still not received a Form I-797, you may contact the USCIS Contact Center for assistance.

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