Companies that are filing H-1B cap-subject petitions from the second H-1B registration lottery for fiscal year 2024 are reminded that the 90-day filing period closes Oct. 31.

Key Points:

  • Petitioners who have not yet filed a petition for candidates who were selected in the second H-1B registration lottery for FY2024 must do so by Oct. 31 for the petition to be considered.
  • Only petitioners with registrations that were selected in the second lottery may file cap-subject petitions for the beneficiary named in the selected registration notice.
  • U.S. Citizenship and Immigration Services conducted the second lottery in late July, selecting an additional 77,609 registrations.

Additional Information: With the additional selections in the second lottery, this year’s overall H-1B cap selection rate rose to 24.8%, which is roughly on par with last year’s 26.9%, even with the surge in registrations this year. Last week, USCIS posted a proposed regulation to “modernize” the H-1B program, including the lottery. The proposed changes may impact FY2025 registration but do not affect FY2024 filing.

‌BAL Analysis: Companies should work with their BAL professional to ensure that their H-1B cap petitions are filed before the Oct. 31 deadline. USCIS has not indicated whether it will conduct a third lottery and accept additional cap-subject petitions. BAL will provide information as it becomes available.

This alert has been provided by the BAL US Practice Group.

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