United States | USCIS opens H-1B filing period, employers encouraged to consider alternatives for those not selected

U.S. Citizenship and Immigration Services has opened the 90-day filing period for petitioners whose registrations were selected in this year’s H-1B lottery.

Key Points:

• The H-1B registration period closed Monday, March 25, and USCIS subsequently completed the random selection process for the H-1B master’s and general cap. The agency confirmed Monday that it had notified all petitioners with selected beneficiaries that they are now able to submit H-1B petitions for these beneficiaries. Registrants’ online accounts have been updated to show the status of each registration.
• Any petitions that are postmarked on or after today, April 1, must include the proper fee under a new USCIS fee rule that took effect today. Petitioners also must use the new 04/01/24 edition of Form I-129, Petition for a Nonimmigrant Worker.
• USCIS announced Monday that it had updated its guidance in the USCIS Policy Manual to align with the fee rule. More information is available here.

Additional Information: Under an H-1B rule published in February, USCIS switched to a beneficiary-centric lottery this year, meaning each beneficiary could be selected only once, regardless of how many registrations were submitted on their behalf. While this change may lead to a higher selection rate, USCIS has not yet provided information on how many registrations were submitted or selected this year. Employers are encouraged to work with their BAL attorney to explore H-1B alternatives for job candidates whose registrations were not selected in the lottery.

This alert has been provided by the BAL U.S. Practice Group.

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