The H-1B is a visa category designated for foreign nationals who will be employed in a “specialty occupation,” which is defined as a position that requires at least a bachelor’s degree in a specific field, or the equivalent experience, in order to perform the duties of the position offered. The H-1B visa category has a maximum duration of six (6) years, with an initial petition duration of up to three (3) years. Unlike some other visa categories, there is a specific timeframe for registering to file initial H-1B visas and a limit to the number of visas available every year. Currently, there is an annual limit of 65,000 new H-1B visas for individuals with bachelor’s degrees and another 20,000 for individuals with advanced degrees, also known as the “H-1B Cap” and the “Master’s Cap,” respectively.
U.S. Citizenship and Immigration Services (“USCIS”) has announced that the initial registration period for the Fiscal Year 2024 H-1B visa lottery will begin at 12PM EST on March 1, 2023. The registration period will remain open through 12PM EST on March 17, 2023. If USCIS receives enough registrations by March 17, 2023, which is highly likely, USCIS will conduct the lottery and send selection notifications. Registrations properly filed within this window will be included in the lottery. If a prospective employee is selected in the H-1B lottery, the employer will then have the option to move forward and file an H-1B petition on behalf of the prospective employee. If the registration is selected and the H-1B petition is filed and subsequently approved, the earliest employment start date in H-1B status will be October 1, 2023, which is the beginning of USCIS’ Fiscal Year.
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