By: Zoe Mirza and Gladys Gervacio

United States Citizenship and Immigration Services (USCIS) has ended their initial registration selection process for fiscal year (FY) 2024, having received enough electronic registrations to meet the numeric allocations for FY 2024. In addition, USCIS has randomly selected which prospective beneficiaries have been selected to move forward and file an H-1B petition. In order to check if they are eligible, employers should log onto their myUSCIS account.

Online Status Options

When logging onto their accounts, employers will see one of four potential status updates:

• Submitted- USCIS has received the submission. If USCIS conducts future random selections, ‘submitted’ registrations may be selected.
• Selected- USCIS has selected the submission. Employers may contact their attorney and begin completing H-1B petitions on behalf of selected beneficiaries.
• Denied- USCIS has denied the submission, as they received multiple registrations on behalf of the same beneficiary. If the same employer submits multiple registrations for the same beneficiary, all registrations will be denied.
• Invalidated-Failed Payment- USCIS was unable to process the payment submitted.

Next Steps for Selected Individuals

Starting on April 1, 2023, USCIS will begin accepting H-1B cap petitions. USCIS will only accept H-1B cap subject petitions submitted on behalf of individuals that were selected during the last random selection, including petitions eligible for an advanced degree exemption.

Employers should ensure they file their petition at the correct service center during the filing period specified on the registration selection notice. 

H-1B petitions are all paper submission only and may not be filed online. A printed copy of the registration selection notice must be submitted with the FY 2024 H-1B cap-subject petition.

Selection does not mean the beneficiary meets all existing statutory and regulatory eligibility requirements. USCIS will review all submitted evidence to determine eligibility and accept or reject petitions accordingly.

Pre-paid Mailers

USCIS is no longer using prepaid mailers to send final notices or other documentation regarding FY 2024 cap-subject petitions. Instead, they will be using first-class mail, a less time-consuming process, in hopes of processing all petitions smoothly.

Receipt Notices

Due to an influx of petitions, USCIS is projecting delays in issuing Form I-797, Notice of Action or a receipt notice. USCIS advises all employers who receive a notification from the delivery service that the petition was received, to keep that notification and wait for the delayed receipt notice. Employers should refrain from filing a second petition if they have a delivery notification but have not received a receipt notice. If USCIS receives multiple petitions from the same beneficiary, they will deny both petitions.

If 30 days pass after receiving confirmation of delivery and the employer still has not received a receipt notice, they should contact their attorney to reach out to the USCIS Contact Center for more information.

Employers who receive notification from their delivery service that the package will be delayed or damaged prior to being delivered should contact their attorney and follow the Delivery Service Error Guidance available on the USCIS website.

Conclusion

For assistance filing an H-1B petition, understanding your status, or case specific questions contact the trusted Chugh, LLP immigration team.