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Preparing for H-1B Cap Season


It is once again time for employers to evaluate their H-1B needs as the annual filing season approaches. Despite continued strong demand for skilled workers, U.S. law places a yearly limit or “cap” on most new H-1B visas at 65,000, plus 20,000 set aside for those graduating with a master’s degree or higher from a U.S. university. Each year the U.S. Citizenship and Immigration Services (USCIS) conducts a lottery for these limited visas, typically in March.
Time to Get Ready for the H-1B Filing Season
Warner Norcross | Jan 2024

New This Year: Organizational Accounts

Press release: USCIS to Launch Organizational Accounts, Enabling Online Collaboration and Submission of H-1B Registrations
FAQs: Organizational Accounts Frequently Asked Questions
Webinar: USCIS Organizational Accounts Overview for Companies
Webinar: USCIS Organizational Accounts Overview for Legal Representatives
USCIS | Jan 2024

Additional Law Firm Articles

Once again, there will be a two-step process – the registration step and then, if the registration is selected in the H-1B cap lottery, the petition step.
FY 2025 H-1B cap season has begun: What you need to know
Constangy | Jan 2024

In October of 2023, DHS published a Notice of Proposed Rulemaking aimed at modernizing the H-1B specialty occupation worker system by “streamlining eligibility requirements, improving program efficiency, providing greater benefits and flexibilities for employers and workers, and strengthening integrity measures.” If implemented, among other things the final rule would change the system from selecting by individual employer registration to selecting by unique beneficiary.
The H-1B “Lottery” Will Open Soon. USCIS Predicts Success.
Dinsmore | Jan 2024

According to DHS, the beneficiary-centric selection process aims to reduce “fraud and abuse” and ensure that each beneficiary has an equal chance of selection. In previous years, beneficiaries were able to benefit from multiple registration entries by increasing their chances at selection with each entry. Once the proposed regulations are adopted, registration selection will be based on each unique beneficiary identified in the registration pool as opposed to each registration. Each beneficiary will be entered in the selection process once, regardless of how many registrations were submitted on their behalf.
Employers: Time to Begin Planning for the Fiscal Year 2025 H-1B Filing Season
Morgan Lewis | Dec 2023

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