The H-1B Lottery: Will There Be a Second Chance for Fiscal Year 2024?

Updated on: 2023-07-14 - 2 mins read
H-1B lottery second chanceH1B Fiscal Year 2024USCISForeign Workers
The H-1B Lottery: Will There Be a Second Chance for Fiscal Year 2024?"

Key Points:

  • The possibility of a second H-1B lottery for Fiscal Year 2024 has emerged due to the low selection rate and increased registrations.
  • USCIS reported a selection rate of less than 15 percent out of the 758,994 eligible registrations received this year.
  • Concerns have been raised about individuals attempting to gain an unfair advantage by submitting multiple registrations for the same beneficiary.
  • If a second lottery is conducted, it is likely to be from the remaining 648,203 eligible registrations to reach the 85,000 approved petitions for the fiscal year.
  • Employers and prospective beneficiaries should stay updated on USCIS announcements and be prepared for potential changes in their registration status.

Summary:

The H-1B visa lottery is a highly anticipated event for employers and foreign workers seeking to work in the United States in specialty occupations. The H-1B visa lottery is a highly anticipated event for employers and foreign workers seeking to work in the United States in specialty occupations. This year, as the Fiscal Year 2024 H-1B registration process concludes, there is speculation about the possibility of a second H-1B lottery. Let's explore the factors that could lead to a second lottery and what it means for employers and prospective H-1B beneficiaries.

The H-1B Registration Process:

The H-1B visa lottery is a method employed by U.S. Citizenship and Immigration Services (USCIS) to determine which employers can sponsor foreign workers for H-1B nonimmigrant visas, allowing them to work in the United States in specialty occupations. The registration process was introduced in 2020 to streamline the selection of eligible candidates and reduce paperwork and costs for employers and USCIS. Each year, a total of 85,000 H-1B visas are available, with 65,000 for the general category and an additional 20,000 for those with advanced degrees from U.S. institutions.

Selection Rate and Increased Registrations:

For the Fiscal Year 2024 H-1B registration, USCIS began issuing selection notices on March 24, 2023, a week before the filing window opened on April 1, 2023, and closed on June 30, 2023. As of April 24, 2023, USCIS reported a selection rate of less than 15 percent out of the 758,994 eligible registrations received this year. This low rate is due to an unprecedented increase in the number of registrations for beneficiaries with multiple employers compared to previous years.

The chart below provides a detailed record of the registration and selection numbers since Fiscal Year 2021:

  • Fiscal Year 2021:
    • Total Registrations: 274,237
    • Eligible Registrations: 269,424
    • Eligible Registrations for Beneficiaries with No Other Eligible Registrations: 241,299
    • Eligible Registrations for Beneficiaries with Multiple Eligible Registrations: 28,125
    • Selections: 124,415
  • Fiscal Year 2022:
    • Total Registrations: 308,613
    • Eligible Registrations: 301,447
    • Eligible Registrations for Beneficiaries with No Other Eligible Registrations: 211,304
    • Eligible Registrations for Beneficiaries with Multiple Eligible Registrations: 90,143
    • Selections: 131,924
  • Fiscal Year 2023:
    • Total Registrations: 483,927
    • Eligible Registrations: 474,421
    • Eligible Registrations for Beneficiaries with No Other Eligible Registrations: 309,241
    • Eligible Registrations for Beneficiaries with Multiple Eligible Registrations: 165,180
    • Selections: 127,600
  • Fiscal Year 2024:
    • Total Registrations: 780,884
    • Eligible Registrations: 758,994
    • Eligible Registrations for Beneficiaries with No Other Eligible Registrations: 350,103
    • Eligible Registrations for Beneficiaries with Multiple Eligible Registrations: 408,891
    • Selections: 110,791

Potential for a Second H-1B Lottery:

When USCIS released the above data, the agency indicated that it raised significant concerns that certain individuals may have attempted to gain an unfair advantage by collaborating to submit multiple registrations for the same beneficiary. This unethical practice could have unjustly improved their chances of being selected. USCIS reiterated its commitment to discouraging and preventing abuse of the registration process.

Even though USCIS selected 110,791 registrations to fill the 85,000 available slots, the warning discussed above is likely to lead to a reduction in the number of actual H-1B petitions filed from the initial pool of registrations selected. Therefore, it is likely that a second lottery may need to be conducted from the remaining 648,203 eligible registrations to reach 85,000 approved petitions for the fiscal year.

Past Instances of Second H-1B Lotteries:

In previous years, a second lottery was conducted for the H-1B visa program. For the electronic registration used in Fiscal Year 2021, a second lottery was conducted, and selection notifications were issued around August 14, 2020. The filing window for selected beneficiaries was open from August 17 to November 16, 2020.

In Fiscal Year 2022, another second lottery was needed. Selection notifications were issued around July 29, 2021, and the filing window for selected beneficiaries was open between August 2, 2021, and November 3, 2021.

Considering the historical instances of second lotteries, if there is a need for a second H-1B lottery for Fiscal Year 2024, we should expect to see selection notices within the next three to four weeks, based on prior years.

Preparing for a Second H-1B Lottery:

The prospect of a second lottery can be welcome news for those genuine registrations that were not selected initially. If new selections occur, employers and attorneys can expect to receive an email notification from their myUSCIS account with the subject line “We have taken an action on your case.” Once logged in, some H-1B lottery registrations will have changed from “Submitted” to “Selected.”

Conclusion:

The possibility of a second H-1B lottery for Fiscal Year 2024 is a topic of interest for employers and foreign workers. USCIS's efforts to prevent abuse and maintain fairness in the selection process may lead to a second lottery to fill the remaining H-1B slots. Employers and prospective beneficiaries should closely follow updates from USCIS and be prepared for potential changes in their registration status.