Reminder: H-1B selectee petitions due June 30

Companies filing H-1B cap petitions for fiscal year 2024 are reminded that the 90-day filing period closes June 30.

Key Points:

• Petitioners who have not yet filed a petition for candidates who were selected in the lottery must do so by June 30 in order for the petition to be considered.
• Only petitioners with selected registrations may file H-1B cap-subject petitions for the beneficiary named in the selected registration notice. Online filing is not available for H-1B petitions.
• U.S. Citizenship and Immigration Services received 780,884 total registrations this year, a 61.4% increase over the 483,927 from last year. The agency attributed the dramatic rise in part to a large increase in the number of registrations submitted on behalf of beneficiaries with multiple registrations.
• The significant increase in multiple registrations has raised concerns of fraud, which USCIS is investigating. The impact of USCIS’ investigation into potential fraud on this year’s selections or the possibility of a second lottery remains to be seen.

BAL Analysis: Companies should work with their BAL professional to ensure that their H-1B cap petitions are filed before the June 30 deadline. Employers may also wish to work with their BAL attorney to consider alternatives for registrations that were not selected in March’s lottery. BAL will continue to monitor whether USCIS will invite more registrants to submit H-1B petitions for FY 2024.

This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.