ARTICLE · 11 DECEMBER 2023

H-1B Cap Filing Information FY 2024

Brown Immigration Law

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This memo is intended to provide information related to the H-1B Cap season commencing with registration in March 2023 for new H-1Bs effective on October 1, 2023.

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Brown Immigration Law

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This memo is intended to provide information related to the H-1B Cap season commencing with registration in March 2023 for new H-1Bs effective on October 1, 2023. These are known as Fiscal Year 2024 (FY24) filings as the USCIS fiscal year for 2024 begins on October 1, 2023. This memo is provided for informational and discussion purposes only. It does not act as a substitute for legal advice on an individual basis.

Regulatory H-1 Cap and the Lottery System

The so called "Cap" we refer to applies to all NEW H-1B filings where the sponsored employee has NOT previously been counted against the Cap and where the employer is not somehow Cap-exempt (some employers or employment situations permit Cap exemption). Since the demand for H-1B visas is so high, USCIS conducts an annual lottery to determine who will have the opportunity to file for H-1B status under the cap each year. Once an employee has been counted against the Cap, they can apply for and extend their H-1B

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