USCIS Releases FY 2024 H-1B Cap Registration Numbers
USCIS has released the FY 2024 H-1B Cap registration numbers, noting that it saw a significant increase in the number of registrations submitted this year, as compared to prior years.
This chart reproduced below 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**|
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. As the chart also illustrates, there were a considerable number of beneficiaries with multiple ‘eligible’ registrations – much larger than in previous years – which has raised serious concerns that some of the individuals that has registrations selected may have unfairly increased their chances of selection by having multiple employers file a registration on their behalf. If USCIS finds that a prospective petitioner submitted a false attestation, it may deny a petition, or revoke a petition approval, which practitioners have reported already seeing as well.
Based on evidence from the FY 2023 and FY 2024 H-1B cap seasons, USCIS has indicated that it has already undertaken extensive fraud investigations, denied and revoked petitions accordingly, and is in the process of initiating law enforcement referrals for criminal prosecution. While this does not mean that an individual cannot have multiple, unrelated employers file registrations on their behalf, it is critical that the ‘Petitioner(s)’ that have their registrations selected be able to demonstrate a legitimate intent to employ the individual. It can be anticipated that the USCIS will investigate these matters to ensure that there was/is a credible intent by the ‘Petitioner’ to so employ the individual.