UNITED STATES – USCIS H-1B Cap Dates Announcement

January 30, 2023

On January 27, 2023, United States Citizenship and Immigration Services (USCIS) announced the official dates for fiscal year 2024 H-1B Cap. The timelines are as follow:

  • February 21, 2023: Petitioners and registrants can begin creating H-1B registrant accounts at noon Eastern.
  • March 1, 2023: H-1B electronic registration period opens at noon Eastern.
  • March 17, 2023: H-1B electronic registration period closes at noon Eastern.
  • March 31, 2023: Date by which USCIS intends to notify selected registrants.
  • April 1, 2023: The earliest date that FY 2024 H-1B cap-subject petitions may be filed for selected applicants.
  • June 30, 2023: Last day to submit H-1B cap-subject petitions for selected applicants.
  • Oct. 1, 2023: Start date for H-1B employment for change of status cases.

Our advice to employers is they should begin to prepare for their H-1B filings now. This would include finalizing applicants list, collecting all documents and information necessary for the H-1B electronic registration, such as the employer’s name, mailing address, tax identification number; authorized signatory name, job title, contact information and email address; the employee’s full legal name (as per passport), date of birth, country of citizenship, gender, passport number, and the employee’s highest level of education carefully noting if there’s an advanced degree (Masters, Ph.D., J.D., M.D., MBA, etc.) from a U.S. Institution of higher education. A $10 fee is required for each registration submitted.

The lottery will happen shortly after the electronic registration period and usually end on March 31, 2023. Employers must file a complete H-1B petition with LCA for selected applicants between April 1, 2023, and June 30, 2023. Applicants with approved H-1B cap petitions may start working in the United States under H-1B status on October 1, 2023.

If employee is not selected in the initial lottery, that does not necessarily mean that they will not be chosen later. If all available H-1B visa numbers are not used by those chosen in the original lottery, then USCIS will conduct additional lotteries at later points, as needed, until all available H-1B visa numbers are used. For any employees selected after initial selection, the H-1B petition must be completed and filed with USCIS within 60 days of receiving notice of the lottery selection.

Employers considering filing H-1B applications are encouraged to contact a Newland Chase immigration specialist for case-specific advice about the process.

For general advice and information on immigration and business travel to the United States, please get in touch with us today.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.