December 5, 2023

Tullio Corradini

Trusted Legal Source

H-1B Cap Season for Fiscal Year 2024 Is Fast Approaching

H-1B Cap Season for Fiscal Year 2024 Is Fast Approaching

The H-1B cap period for Fiscal Yr 2024 is rapid approaching.  USCIS declared on January 27th that cap registration begins on March 1st. Employers should evaluate their selecting needs and identify if they will sponsor overseas personnel for H-1B classification this calendar year. Now is the time to begin making ready.

The H-1B visa class is for international employees who will complete companies in a specialty profession. Basically, a specialty profession is one particular that requires at least a bachelor’s diploma in a field pertinent to the position supplied. Illustrations of H-1B occupations incorporate fields in architecture, science, engineering, drugs and health and fitness, accounting, and law.

In addition, the foreign worker have to possess the requisite training qualifications for the specialty occupation. H-1B beneficiaries may well incorporate both of those modern overseas college student graduates present in the United States in F-1 scholar position and any other foreign expert whether presently in the United States or abroad.

There is a statutory cap of 65,000 H-1B visas (typical cap), with an extra 20,000 visas for foreign pros with an advanced degree from a U.S. tutorial establishment (master’s cap). In current years, the demand from customers for H-1B visas has significantly exceeded the amount of visas readily available in the once-a-year quota:

In 2020, USCIS carried out an digital registration method for the H-1B cap to control the growing desire for H-1B visas. The digital registration process alleviates the load of preparing and submitting a full H-1B petition right before recognizing if a visa is accessible in the quota. Relatively than file a entire H-1B petition, businesses electronically register international personnel in the H-1B cap by delivering primary facts and paying out a registration price. Even though registration calls for only primary information and facts, the employer should really know in advance if the situation, if chosen, would be approvable. In other words and phrases, whether the personnel and the placement meet up with the specialty profession and wage requirements for H-1B classification. In the earlier few of decades, the registration time period was open for at the very least 14 days in the course of the month of March.

If USCIS receives much more registrations than there are H-1B visa figures out there, USCIS conducts a random lottery to decide on the registrants who may be the beneficiary of an H-1B petition. These picked are notified and supplied directions on where and when to file the H-1B petition. The employer then may file an H-1B petition for every chosen employee. The earliest feasible date to request H-1B status in the petition is Oct 1, 2023, which is the start of federal Fiscal 12 months 2024.

USCIS should quickly announce the H-1B electronic registration system for Fiscal Calendar year 2024. In planning of the approaching H-1B cap submitting year, fascinated companies must right away consider and recognize opportunity candidates for H-1B classification and assemble proposed position descriptions and salary offerings. Having these preliminary methods now will allow timely critique of every single future worker’s H-1B eligibility and assure digital registration within just the designated interval.

Jackson Lewis attorneys are offered to assist in navigating the approaching H-1B cap season and defining strategic selections to sponsor international staff.