The U.S. Citizenship and Immigration Services (USCIS) has hit the congressionally mandated cap for H1B visas for Fiscal Year (FY) 2024, closing the regular cap at 65,000 and the advanced degree exemption (master’s cap) at 20,000. This news comes after the announcement of a second H1B lottery held earlier this summer which was completed in order to reach the FY 2024 H1B visa cap.
No Third Round Lottery
For those who hoped for another chance in the lottery, the closure of both caps for FY 2024 means no further lottery rounds will occur. This reflects the intense competition for H1B visas and underscores the importance of exploring alternative visa categories or planning for the next fiscal year’s application cycle.
Implications for Applicants
For those who submitted H1B registrations, non-selection notices will be sent via their online accounts in the coming days. Registrations marked as ‘Not Selected’ indicate ineligibility to file an H1B cap petition for FY 2024 based on the registration.
Exempt Petitions Still Accepted
While the cap has been met, USCIS continues to welcome and process petitions exempt from this limit. These include petitions filed for current H1B workers who were previously counted against the cap and still retain their cap number. USCIS will accept and process petitions for various scenarios, such as:
- Extending the duration of stay for current H1B workers in the U.S.
- Changing employment terms for current H1B workers.
- Enabling current H1B workers to switch employers.
- Allowing current H1B workers to simultaneously work in additional H1B positions.
What Applicants Should Note
As the regular and master’s caps have been reached, understanding the exemptions and permissible petition types becomes crucial for applicants. USCIS will prioritize processing petitions falling within the exempt categories.
Applicants who didn’t secure a spot under the regular or master’s cap need to explore alternative options or wait until the next fiscal year’s visa application cycle. Keeping abreast of USCIS updates and potential policy changes is essential for those navigating the U.S. immigration process.
Moving Forward
The closure of the H1B visa cap for FY 2024 highlights the competitiveness of the program and underscores the importance of strategic planning for prospective visa applicants. For those not selected under the caps, exploring alternative visa categories or understanding other permissible petitions remains pivotal.
USCIS’s commitment to processing exempt petitions emphasizes the agency’s dedication to facilitating certain categories of visa applications, allowing certain H1B workers to continue or modify their employment in the United States.
While the cap closure might present challenges for some, staying informed about USCIS policies and visa regulations can aid in navigating the immigration process and seeking viable opportunities in the U.S.
