This Information is updated on March 22nd 2024, based on new updates from USCIS.
Updated H-1B guidelines by USCIS as of January 30th 2024 states Beneficiary centric approach that requires passport or unique travel document to apply for H-1B registration. Check these updated links below to know more.
USCIS Introduces Passport-Centric H-1B Registration for 2025 Caps
H-1B Lottery 2024: Key Dates and Process Overview
The H-1B visa program is a significant avenue for skilled foreign professionals seeking to work in the United States. With the H-1B lottery registration period for the fiscal year 2024 rapidly approaching, it’s critical for both employers and potential H-1B workers to be well-prepared.
Mark Your Calendars: The H-1B Lottery Registration Window
The crucial time frame to keep in mind is the H-1B Lottery Registration Window which commences on March 6th, 2024. Although the closing date of this period is to be announced, it’s anticipated to be somewhere in mid-March (Correction, end date is extended to March 25th by USCIS). This window is an opportunity for employers to register the beneficiaries they wish to sponsor for H-1B petitions.
Preparing for Registration
To enhance the chances of a smooth H-1B registration process 2024, it’s crucial for employers to have all necessary information and documentation ready for submission. While an attorney is not mandated by law, due to the complexities and potential issues with the online system at USCIS, legal guidance is often beneficial.
Here are the candidate categories employers should consider for the lottery:
- Individuals currently on Optional Practical Training (OPT)
- Those with STEM OPT extensions
- Workers with other nonimmigrant statuses, such as TN and O-1.
Evaluating the job description, salary requirements, and credentials of each potential entry is essential. Moreover, determining if the foreign national might be eligible under the master’s cap can provide an advantage since it increases the likelihood of selection.
Navigating the H-1B Lottery Process
Given that the demand often surpasses the yearly cap, a lottery system is implemented. Advancements have introduced an electronic registration system, requiring employers and attorneys to create accounts at MyUSCIS.gov. A minimal registration fee of $10 is needed upon entering details such as:
- Employer’s name, FEIN, and address
- Employer’s representative contact information
- Foreign National’s personal details (including passport number)
- Confirmation of U.S. master’s degree attainment
- Employer’s attorney information (if applicable)
Keep an eye out for notifications of successful selections by April 1, 2024. Successful employers will then have the window until June 30, 2024, to file the complete H-1B Petition with USCIS. The approved foreign nationals will switch to H-1B status starting October 1, 2024.
Bridging the Gap in Work Authorization
Employers must be attentive to OPT and STEM OPT expiration dates to prevent gaps in employees’ work authorization during the application process. This also includes ensuring that there are no conflicts with foreign travel for the employees concerned.
New Measures to Prevent Lottery Abuse
The H-1B Lottery 2024 comes with new anti-flooding measures in place due to past abuses. In 2023, a significant increase in lottery registrations was noted—780,884, up from 483,927 in 2022. Investigations highlighted multiple registrations for the same individuals by affiliated employers trying to game the system. As a response, USCIS now requires an attestation from employers:
“I further certify that this registration reflects a legitimate job offer and that I or the organization on whose behalf this registration is being submitted have not worked with, or agreed to work with another registrant, petitioner, agent, or other individual or entity to submit a registration to unfairly increase chances of selection for the beneficiary or beneficiaries in this submission.”
Furthermore, new regulations are being considered for tracking lottery selections by the foreign national’s passport number. These regulations intend to ensure a fairer process by preventing multiple selections for the same applicant through affiliated employers. However, how these rules will play out in practice, including notifications and multiple approvals for the same applicant, is still a topic of uncertainty as we approach the 2024 Lottery.
Conclusion
The H-1B lottery and registration process require careful preparation and awareness of new developments. Employers must strategize appropriately and consider the timing of applications, especially in light of the new anti-abuse measures. It’s a momentous time for companies and prospective employees alike to stay informed and act diligently for the best chance of successful registration and selection in the H-1B lottery 2024.
For more information and the latest updates, visit the U.S. Citizenship and Immigration Services (USCIS) website.
Learn Today:
Glossary or Definitions:
- H-1B Visa Program: A program that allows skilled foreign professionals to work in the United States.
H-1B Lottery Registration Window: The period in which employers can register beneficiaries they wish to sponsor for H-1B petitions.
Optional Practical Training (OPT): A temporary employment authorization for international students in the United States, typically after completing a degree program.
STEM OPT Extension: An extension of the Optional Practical Training period specifically for students in science, technology, engineering, and mathematics (STEM) fields.
TN Visa: A nonimmigrant visa category for professionals from Canada and Mexico under the United States-Mexico-Canada Agreement (USMCA).
O-1 Visa: A nonimmigrant visa for individuals of extraordinary ability in the sciences, arts, education, business, or athletics.
Master’s Cap: A provision that allows foreign nationals with advanced degrees from U.S. institutions to have a higher chance of selection in the H-1B lottery.
Lottery System: A selection process used when the demand for H-1B visas exceeds the annual cap, where petitions are selected randomly.
USCIS: United States Citizenship and Immigration Services, the agency responsible for processing immigration-related applications.
H-1B Petition: A formal application that must be filed by an employer on behalf of a foreign national who has been selected in the H-1B lottery.
Work Authorization: Legal permission for an individual to work in the United States.
Anti-flooding Measures: Measures put in place to prevent multiple registrations for the same individual by affiliated employers, with the intention of manipulating the H-1B lottery system.
Attestation: A statement or declaration that confirms the accuracy or truthfulness of something, in this case, a legitimate job offer.
Affiliated Employers: Employers who are related or connected in some way, such as through common ownership or control.
Passport Number: A unique identification number assigned to an individual’s passport, used for tracking lottery selections and preventing multiple selections for the same applicant through affiliated employers.
U.S. Citizenship and Immigration Services (USCIS): The government agency responsible for administering and enforcing immigration laws in the United States.
And there you have it, folks! The H-1B lottery process for 2024, with all its key dates and considerations. Remember, staying informed and prepared is crucial for employers and potential H-1B workers alike. To dive deeper into this topic and get the latest updates, head on over to visaverge.com. They’ve got all the expert advice and resources you need. Good luck in the lottery!
This Article in a Nutshell:
The H-1B Lottery Registration Window for fiscal year 2024 starts on March 6th, 2024. Employers should be prepared with necessary information and consider candidate categories. The lottery process involves creating an online account, paying a $10 fee, and entering relevant details. Stay updated on new anti-abuse measures and regulations.
