Submitting a FY 2024 H-1B Cap-Subject Petition

Petitioners selected for the FY 2024 cap-subject H-1B can file their petition beginning April 1, 2023.

Key Details
  • An H-1B cap-subject petition must be properly filed at the correct service center and within the filing period indicated on the relevant registration selection notice.
  • The period for filing the H-1B cap-subject petition will be at least 90 days.
  • Online filing is not available for H-1B petitions, so petitioners filing H-1B petitions must do so by paper. In addition, petitioners must include a printed copy of the applicable registration selection notice with the FY 2024 H-1B cap-subject petition.
  • Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still establish eligibility for petition approval based on existing statutory and regulatory requirements.

For more information, visit the H-1B Cap Season page.

Mailing and Communication with USCIS
  • USCIS will not use prepaid mailers to send out any communication or final notices for FY 2024 cap-subject H-1B petitions, including those requesting consideration under the advanced degree exemption.
  • The process of printing and mailing the cap-subject H-1B petition approval notices by first-class mail is fully automated. The automated process is more efficient for petitioners and USCIS.
Receipt Notice Delays

When USCIS receives a timely and properly filed H-1B cap-subject petition, the petitioner (and, if applicable, the petitioner’s legal representative) will be provided a Form I-797, Notice of Action, communicating receipt of the petition. However, due to increased filing volumes typically seen during H-1B cap filing periods, there are instances where a petition is timely and properly filed, but issuance of Form I-797 is delayed.

  • If a petitioner has confirmation from the delivery service that the petition was delivered but they have not yet received a Form I-797 confirming receipt of the petition, they should not submit a second petition.
  • If a petition has confirmation from the delivery service that the petition was delivered and they then submit a second petition, they will be considered to have submitted duplicate petitions. This will result in the denial or revocation of both petitions.
  • If more than 30 days have passed since the confirmation of delivery and a petitioner still has not received a Form I-797, they may contact the USCIS Contact Center for assistance.
  • If a petitioner receives a notification from the delivery service, or their tracking information suggests that there may be a delay or damage to the package or that the package was misrouted, they should follow the Delivery Service Error Guidance on the H-1B Cap Season webpage.


Erickson Insights

Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting or case-specific questions, please contact your employer or EIG attorney.