In March 2023, U.S. Citizenship and Immigration Services (USCIS) conducted an initial random selection on properly submitted electronic registrations for the fiscal year (FY) 2024 H-1B cap, including for beneficiaries eligible for the advanced degree exemption. The initial filing period for those with selected registrations for FY 2024 was from April 1, 2023, through June 30, 2023.
USCIS recently announced the need to select additional registrations to reach the FY 2024 H-1B numerical allocations. We now have randomly selected, from the remaining FY 2024 registrations properly submitted, a sufficient number of registrations projected as needed to reach the cap. We have notified all prospective petitioners with selected registrations from this round of selection that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.
The H-1B electronic registration process, implemented in 2020 beginning with the FY 2021 H-1B cap, has dramatically streamlined processing by reducing paperwork and data exchange, and provides an overall cost savings to petitioning employers.
Historically, employers filed their full, and often voluminous, H-1B cap-subject petitions with USCIS during a five-day filing period, after which USCIS would select eligible petitions through a random selection process. This process resulted in unnecessary paperwork and incurred mailing costs for both petitioners and the agency. By streamlining the H-1B cap selection process with an electronic registration system, USCIS created cost savings for petitioners and efficiencies for the agency.
This chart shows registration and selection numbers for fiscal years 2021-2024 (as of 07/31/2023).
FY 2024
H-1B Registration Overview
During the initial
registration period for the FY 2024 H-1B cap, USCIS saw a significant increase
in the number of registrations submitted compared to prior years. Generally, we
saw an increase in the number of registrations submitted, the number of
registrations submitted on behalf of beneficiaries with multiple registrations,
and the number of registrations submitted on behalf of unique beneficiaries
with only one registration. USCIS saw upward trends in the FY 2022 and FY 2023
H-1B registration periods as well.
This chart shows registration and selection numbers for fiscal years 2021-2024 (as of 07/31/2023).
*The count of eligible registrations excludes duplicate registrations, those deleted by the prospective employer prior to the close of the registration period, and those with failed payments.
** The number of initial selections for FY 2024 – 110,791 – was smaller in than in prior years primarily due to (a) establishing a higher anticipated petition filing rate by selected registrants based on prior years; and (b) higher projected Department of State approvals of H-1B1 visas, which count against the H-1B cap.
Measures
to Combat Fraud in the Registration Process
The large number of
eligible registrations for beneficiaries with multiple eligible registrations –
much larger than in previous years – has raised serious concerns that some may
have tried to gain an unfair advantage by working together to submit multiple
registrations on behalf of the same beneficiary. This may have unfairly
increased their chances of selection. We remain committed to deterring and
preventing abuse of the registration process, and to ensuring only those who
follow the law are eligible to file an H-1B cap petition.
We remind the public that at the time each registration is submitted, each prospective petitioner is required to sign an attestation, under penalty of perjury, that:
(a) all of the information contained in the registration submission is complete, true, and correct;
(b) the registration(s) reflect a legitimate job offer; and
(c) the registrant, or the organization on whose behalf the registration(s) is being submitted, has not worked with, or agreed to work with, another registrant, petitioner, agent, or other individual or entity to submit a registration to unfairly increase chances of selection for the beneficiary or beneficiaries in this submission.
If USCIS finds that this attestation was not true and correct, USCIS will find the registration to not be properly submitted and the prospective petitioner would not be eligible to file a petition based on that registration. USCIS may deny a petition, or revoke a petition approval, based on a registration that contained a false attestation and was therefore not properly submitted.
Furthermore, USCIS may also refer the individual or entity who submitted a false attestation to appropriate federal law enforcement agencies for investigation and further action, as appropriate.
Based on evidence from the FY 2023 and FY 2024 H-1B cap seasons, USCIS has already undertaken extensive fraud investigations, denied and revoked petitions accordingly, and continues to make law enforcement referrals for criminal prosecution.
USCIS believes that the decreased filing rate for FY 2024 H-1B cap petitions as compared to the three previous fiscal years indicates that these investigations are having an impact.
The H-1B program is an essential part of our nation’s immigration system and our economy, and USCIS is committed to implementing the law and helping meet the ever-changing needs of the U.S. labor market. We are working on an upcoming H-1B modernization rule that will propose, among other improvements, bolstering the H-1B registration process to reduce the possibility of misuse and fraud in the H-1B registration system.
Source: U.S. Citizenship and Immigration Services
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