Immigration Law Insights

Employers wishing to sponsor a candidate for an H-1B visa in Fiscal Year 2024 are approaching an important time of year. United States Citizenship and Immigration Services (USCIS) is expected to announce the H-1B cap registration period for FY2024 in the coming weeks. Last year, the registration period opened on March 1, 2022, and closed on March 18, 2022. USCIS will likely announce a similar registration period this March.

H-1B Registration is an annual electronic process through which USCIS receives registrations from employers for the H-1B lottery. USCIS has historically conducted a random H-1B lottery because more visas are requested than are available each year. The H-1B visa category is generally limited to 65,000 H-1B visas with an additional 20,000 available for foreign nationals who have earned a U.S. master’s degree or higher. Registrants are selected at random for an opportunity to fill one of the H-1B cap positions.

To register, company representatives should create a ‘myUSCIS’ online account. Beneficiary information may be added and the registration fee of ten dollars ($10.00) may be paid once the registration period opens.

Assuming the H-1B category is oversubscribed, USCIS typically notifies account holders by the end of March if their registration has been selected in the lottery. Those not selected are placed on a waitlist. The last several years, USCIS has conducted secondary lotteries for those waitlisted to utilize other H-1B visas that become available.

H-1B visas are generally available to foreign nationals that fill a role requiring at least a U.S. Bachelor’s degree in a specific specialty. The H-1B category is widely used by U.S. companies to employ engineers, IT professionals, teachers, and other skilled professionals. While the lottery will not take place until March, now is the time to begin formulating successful H-1B strategies.

The Burr & Forman LLP immigration team is experienced in all aspects of the H-1B sponsorship process. If your business has questions regarding H-1B sponsorship, contact Jonathan C. Eggert (JEggert@burr.com), Melissa Azallion Kenny (MAkenny@burr.com), or Anna L. Scully (Ascully@burr.com) on the Burr & Forman LLP immigration team.