On March 27, 2023, USCIS announced it had received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2024 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap).
FY 2024 H-1B Registration Overview
During the registration period for the FY 2024 H-1B cap, USCIS saw a significant increase in the number of registrations submitted compared to prior years.
This chart shows registration and selection numbers for fiscal years 2021-2024 (as of April 24, 2023).
Cap Fiscal Year | Total Registrations | Eligible Registrations* | Eligible Registrations for Beneficiaries with No Other Eligible Registrations | Eligible Registrations for Beneficiaries with Multiple Eligible Registrations | Selections** |
2021 | 274,237 | 269,424 | 241,299 | 28,125 | 124,415 |
2022 | 308,613 | 301,447 | 211,304 | 90,143 | 131,924 |
2023 | 483,927 | 474,421 | 309,241 | 165,180 | 127,600 |
2024 | 780,884 | 758,994 | 350,103 | 408,891 | 110,791 |
*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 selections was smaller in FY24 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
In the update, USCIS addressed the large number of eligible registrations for beneficiaries with multiple eligible registrations and concerns that some may have tried to gain an unfair advantage by working together to submit multiple registrations on behalf of the same beneficiary, potentially unfairly increasing their chances of selection. USCIS reminds 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.
Erickson Insights
For additional information on the H-1B cap season, please visit USCIS’s H-1B Cap Season webpage. 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.