USCIS Reaches H-1B Visa Cap for FY 2024

Schedule Your Consultation
woman sitting at desk

The U.S. Citizenship and Immigration Services (USCIS) has recently announced a significant update for those tracking the H-1B visa program. As of now, the USCIS has achieved its annual goal of 65,000 H-1B visa issuants under the regular cap, as well as the 20,000 visas set aside under the master’s cap for individuals with U.S. advanced degrees, for the fiscal year 2024. This marks a crucial point for both potential applicants and employers. Please continue reading to learn more about what this may mean for you.

Non-Selection Notifications to Registrants

Those who registered but were not selected for the FY 2024 H-1B numerical allocations will receive non-selection notices. These notices will be communicated through the registrants’ online USCIS accounts. Once all notifications have been sent out, the status for those registrations not selected will be updated to “Not Selected: Not eligible to file an H-1B cap petition based on this registration.”

Continued Processing for Cap-Exempt Petitions

It’s important to note that USCIS will still be processing petitions that are exempt from these caps. This includes petitions filed for current H-1B workers who have been previously counted against the cap but still retain their cap number. These cap-exempt petitions encompass several scenarios:

  • Extension Requests: USCIS will continue to process petitions seeking to extend the duration of stay for current H-1B workers in the United States.
  • Employment Change: If current H-1B workers need to change the terms of their employment, these petitions will still be considered.
  • Employer Change: USCIS will accept petitions from H-1B workers looking to change their employers.
  • Concurrent Employment: There’s also a provision for current H-1B workers to file petitions for working concurrently in additional H-1B positions.

This update from USCIS marks a critical phase for those involved in the H-1B visa process. For individuals and employers who were not selected in this cap, it may be worth exploring other avenues or preparing for the next fiscal year. Those who are exempt from the cap should proceed with their petitions as usual. As always, navigating the complexities of immigration law, particularly concerning H-1B visas, can be challenging. Consulting with an experienced New York City immigration lawyer can provide valuable guidance and support through this process.

If you have further questions or would like help with your work visa, please don’t hesitate to contact the Lightman Law Firm today.