The United States Citizenship and Immigration Services (USCIS) announced that it reached its cap limit during the initial registration period for fiscal year (FY) 2024. The cap limit includes applications with advanced degree exemptions (the master’s cap).
The agency randomly selected candidates from the pool of properly submitted applications. It notified those selected that they could file their H-1B cap-subject petition for the beneficiary named in the selected application.
Interpreting the applicant’s status
The portal for tracking H-1B will reflect the application’s status:
- Submitted: This means they are still eligible for future selections for 2024.
- Selected: The applicant moves forward with the H-1B cap petition.
- Denied: This occurs when there are multiple applications for the same registrant, and they are invalid for FY2024.
- Invalidated-Failed Payment: The declined payment issue does not dispute or invalidate the application.
H-1B Cap Petitions filing starts
The cap-subject petitions and master cap petitions filing period for FY 2024 starts on April 1, 2023. It only involves those selected and only for the beneficiaries named in the selected application notice. Important details:
- The window for filing is at least 90 days.
- The petition must be properly filed at the service center indicated on the registration notice.
- Online filing is unavailable for H-1B cap subject petitions, so petitioners must do it with hard copies (paper).
- The application also must include a hard copy of the application registration notice.
- Selection does not guarantee approval, so petitioners must still meet all statutory and regulatory conditions.
The USCIS also suspended the use of prepaid mailers. Instead, all communication or notices are sent via first-class mail. The USCIS will notify petitioners with a Form I-797, Notice of Action, acknowledging that it received the petition. However, there are delays in sending the notice because of the large petition volume.
Petitioners should be patient and not file a second petition (this is considered a duplicate petition, which means both petitions are revoked or denied). If it has been more than 30 days since the delivery confirmation, petitioners can contact the USCIS.
Those looking for other details can review the USCIS H-1B page or contact us.