Updated on February 1, 2024.

Each year at this time we kick off H-1B Cap Season by working with U.S. employers to prepare for registration in the upcoming H-1B Cap Lottery. This year, the H-1B Cap Lottery Registration Period will run from noon ET on March 6, 2024 to noon ET on March 22, 2024. U.S. employers interested in sponsoring foreign nationals for specialty (professional) occupations have this opportunity only once per year for a limited time period.

Who: US Employers

The H-1B program allows U.S. companies to employ foreign nationals in “specialty occupation positions.” These positions require the theoretical or practical application of a body of highly specialized knowledge and a bachelor’s degree or higher (or foreign equivalent) in a specific or closely related field as a minimum for entry into the occupation. This tremendously popular visa program applies to almost any U.S. employer hiring professional-level workers, including in computer science/software/tech, engineering, finance, health care, economics, science and more. Often, U.S. employers sponsor H-1B visas for foreign students already employed with Employment Authorization Documents (EADs) in F-1 OPT/STEM OPT status or they sponsor professionals residing or working abroad who are needed in the U.S.

What: Annual H-1B Cap Registration and Lottery

With the start of each federal fiscal year, 65,000 new H-1B visas become available with an additional 20,000 visas for H-1B beneficiaries who possess advanced degrees from U.S. academic institutions. Because there are more applicants than available visas each year, USCIS conducts a lottery to determine which employers may sponsor specifically identified foreign nationals for H-1B status. The H-1B Cap Lottery requires employers to register within a limited time period, followed by a random selection process (lottery).Employers whose registrations are selected in the lottery then have a 90-day window in which to file the selected H-1B petitions. Regardless of when the H-1B petition is filed and/or approved, the employment start date is not earlier than Oct. 1 of that calendar year. Sometimes, subsequent selections are held using the same March registrations. 

A new feature this year is the availability of online filing of H-1B petitions selected in the Cap Lottery. USCIS is offering a $50 filing fee discount for petitions filed electronically.

In addition, USCIS is taking steps to strengthen the integrity of the H-1B Cap Program. The measures are designed to reduce the potential for gaming of the registration system and to ensure that each beneficiary has the same chance at selection in the lottery regardless of the number of registrations submitted on their behalf.

Another change is that filing fees are increasing. The increases become effective on April 1, 2024 and will impact H-1B petitions filed after lottery selection as well as many other types of USCIS filings. The increased filing fee for Form I-129 H-1B Petitions is $780 each (formerly $460) for employers of 26 or more FTE workers. This filing fee will remain $460 for employers with 25 or fewer FTE employees and for nonprofits. USCIS is also imposing a new $600 fee/tax on I-129 petitioners with 26 or more FTE employees. This fee will be $300 for petitioners with 25 or fewer FTE employees and nonprofits. This new fee is for the purpose of funding the processing of asylum applications. The $10 lottery registration fee will remain the same for March 2024 registrations. 

Under a separate measure, the Premium Processing fee was increased to $2,805 (formerly $2,500) for H-1B petitions (effective this month, on February 26, 2024). Premium processing will change from 15 calendar days to 15 business days.

When: Now Is the Time to Prepare

Again, this year, the H-1B Cap Lottery registration period is from noon ET on March 6, 2024 to noon ET on March 22, 2024. In order to be eligible to apply for and obtain H-1B status as part of the lottery, it is necessary to register any employees or prospective employee during this period. When the window closes, it is no longer possible to register in the H1-B cap lottery until the following fiscal year. Accordingly, we recommend that U.S. employers that wish to sponsor any foreign nationals for an H-1B status in 2024 engage counsel now. A Fox Rothschild attorney can work with you to identify individuals for whom cap-subject H-1B sponsorship will be needed, determine the foreign worker’s eligibility, assess H-1B viability for the proposed specialty occupation position and prepare for the upcoming H-1B cap lottery registration.

For assistance or questions relating to the H-1B Visa process, please contact a Fox Rothschild immigration attorney, including Immigration Practice Co-Chairs:

Ali Brodie, Los Angeles/Denver, abrodie@foxrothschild.com

Catherine V. Wadhwani, Pittsburgh, cwadhwani@foxrothschild.com.