By: Gladys Gervacio

Employers who sponsor foreign workers are getting close to a crucial time of the year - H-1B Cap filing season. Here are some key tips for employers preparing to submit applications during the Fiscal Year 2024 H-1B cap season.

As H-1B filing season is around the corner, employers should begin assessing their FY 2024 H-1B needs, such as identifying current and potential foreign employees who will need H-1B status.

Every year USCIS releases dates for the H-1B cap electronic registration process. Employers and employees should be aware of the H-1B cap calendar, and make sure they are meeting all relevant submission deadlines.

Important Things to Remember During the Selection Process:

USCIS is limited to a congressionally mandated quota of 65,000 cap-subject H-1B visas per fiscal year. By law, 6,800 of those visas are allocated as H-1B1 visas to nationals of Chile and Singapore. An additional 20,000 H-1B visas are set aside for foreign nationals who hold a master's or other advanced degree from a US institution of higher education.

Only those petitions filed on behalf of foreign nationals who have not previously been counted against the H-1B cap in the last six years are subject to the H-1B cap. H-1B petitions for foreign nationals employed by institutions of higher education, nonprofit research organizations, or governmental research organizations are not subject to the cap.

 Crucial dates for this year’s registration:

• Petitioners and registrants can create new H-1B registrant accounts beginning February 21, 2023.

• H-1B registration period opens on March 1, 2023.

• H-1B registration period closes on March 17, 2023.

• Date by which USCIS intends to notify selected registrants is March 31, 2023.

• The earliest possible date that FY 2024 H-1B cap-subject petitions may be filed is April 1, 2023.

H-1B Lottery Registration Requirements

In order to qualify for FY 2024 H1-B cap, beneficiaries (employees) must provide:

• Full Legal Name. It must match the passport.

• Gender

• Date of Birth

• Passport Number

• Master's Cap Eligibility

• Country of Birth

• Country of Nationality

Petitioners (employers) must provide:

• Employer FEIN

• Business or Organization Name

• US Office address of the Business or Organization

• Legal Name for Authorized Individual of the Business or Organization

• Position of Authorized Individual of the Business or Organization

• Contact email and phone number of the Authorized Individual of the Business or Organization

Conclusion

For any questions regarding H-1B FY2024 cap season, please contact your trusted Chugh, LLP immigration professional.