USCIS Changes H-1B Cap Registration Lottery Selection Process to Be Beneficiary-Centric

In a new final rule USCIS is changing the process it selects H-1B cap registrants during the annual “cap” lottery selection process.    Starting with this year, the new process will be based on “beneficiary-centric” selection which means that each H-1B cap beneficiary will be counted and have only one lottery registration entry regardless of how many independent H-1B cap registrations they may have submitted in good faith by different employers. 

Selection Process Changed to Eliminate Duplicate Submissions and Decrease Incentives for Multiple Employers Unfairly Submitting H-1B Cap Registrations

Overall, the submission process will remain largely unchanged from prior years.   As in the past, employers will be expected to submit H-1B cap registrations in good faith for their employees during the registration window (March 6, 2024 to March 22, 2024 this year) and using the same registration system and process.   Employers will still be required to make an attestation that they are submitting the H-1B cap registration in good faith.

As part of each registration, USCIS will require the beneficiary’s passport (or travel document for applicants who do not have passports such as asylees, refugees, and similar) information.  The passport must be the one which the beneficiary intends to use to obtain H-1B and to travel to the US the next time they enter the US.   As a result, beneficiaries must be able to submit a passport that is valid at the time of registration and at least for some time in the future during the H-1B petition validity period (ideally for the entire H-1B petition validity period).

USCIS will use the passport and other identity information for each beneficiary to ensure that each beneficiary is counted only once for H-1B cap selection purposes and USCIS will conduct the random selection lottery as they have done in prior years.    If a selected beneficiary has more than one employer who have submitted registration, all employers will be notified independently of the beneficiary’s selection and then each employer will be able to submit an H-1B petition for the beneficiary.

The end goal is that each beneficiary will have the same chance of being selected, regardless of how many registrations are submitted on their behalf.   According to USCIS and based on last year’s demand numbers, they expect this change in the selection method to decrease the pool of lottery registrants by more than 70,000.

Correct and Valid Passport Information Becomes Critical to Avoid Rejections or Revocations

As noted, USCIS will rely on the beneficiary’s passport information (in addition to other details such as name and date of birth) to ensure that each beneficiary is counted only once.   USCIS will require the beneficiary’s passport (or travel document for applicants who do not have passports such as asylees, refugees, and similar) during the selection process.

The passport (or travel document) must be the one which the beneficiary intends to use to obtain H-1B and to travel to the US the next time they enter the US.   As a result, beneficiaries must be able to submit a passport that is valid at the time of registration and at least for some time in the future during the H-1B petition validity period (ideally for the entire H-1B petition validity period).

For example, if a beneficiary uses a passport for the H-1B cap registration during March 2024 that has an expiration of September 2024, then they will not be able to use that same passport for traveling to the US in the future (upon approval of the H-1B petition).   We recommend NOT using this passport for the registration and obtaining a new renewed passport in time for the H-1B cap registration.

USCIS are indicating that they will use methods to determine improper submissions such as beneficiaries submitting different passport information, from different countries (from nationals of multiple countries) and, when duplicates are submitted, they will reject all registrations for any such candidate or, if the petition is already approved, they will seek to revoke it.    USCIS are also indicating that they may not take negative action in cases of legitimate changes such as name change due to marriage,  change in gender identity,  a change in passport due to expiration, stolen passport or similar.

Multiple Registrations by Related Entities

As part of the new rule, USCIS is not formally banning related entities from submitting multiple registrations for the same individual.  However, they may still do so at a later time if they still find abuse in the system and the registration process.   Additionally, the attestation of good faith job offer and submission remain part of the registration process.

Frequently Asked Questions

We will continue to update this page with more information and frequently asked questions so please check back or contact us if we can be of any assistance.

Will one H-1B registrant employer be made aware of a candidate has another registration by another employer?   USCIS will notify all registrants who have submitted a lottery registration for a candidate who has been selected.   However, USCIS will not notify or otherwise indicate if (or how many) H-1B cap registrations there may be for a specific candidate.

Is there an exception to the valid passport requirement?   Unfortunately, no.   A valid passport (or travel permit for applicants who are unable to get a passport) is required for submission of the H-1B cap registration.

Can registrants submit varying information during the registration?   In the final rule USCIS is reiterating multiple times the fact that registrants who submit incorrect identifying information (without a good reason) will be subject to lottery rejection or, if post-approval, to H-1B petition revocation.     The integrity of this process relies on submitting correct identifying information and we anticipate that USCIS will be closely following and checking for abuse.

If a registrant has multiple registrations by different employers, can many or all of the employers file H-1B petition?   Yes.  If a registrant is selected and they have multiple registrations from multiple employers,  then each employer is eligible to file their own petition but each employer may not necessarily know of the existence of other employers.   We advise employers to consider the possibility that their candidate may have multiple registrations (and H-1B approvals) that they may be able to pursue.

More Details and Information About the H-1B Cap Submission

Please review our guide to the H-1B cap filing season including key dates, timelines and key points and procedures for the process.

Attorney Assistance with H-1B Cap Preparation and Submission

Our office will be happy to provide consultations or assistance with preparing and submitting petitions H-1B cap petitions.

We offer flat fees to handle the entire application and you can contact us or request a flat fee quote. Alternatively, if you would like to schedule a consultation with an attorney to discuss a specific case (but perhaps without engaging us to help with the actual filing ), we offer phone consultations.

Conclusion

With the H-1B cap filing process changed substantially over the past couple of seasons and with very high demand expected, we urge H-1B employers to start the preparation process early and to conduct a thorough case analysis before submitting the H-1B cap lottery entry in early March.

If you wish to start a new H-1B work visa petition under this year’s quota, or if our office can be of any help, please contact us as soon as possible or submit our H-1B cap contact form.  Our attorneys and professionals stand ready to review your case, as part of our free initial consultation, and will help you prepare a strong H-1B application. Also, we invite you to subscribe to our free weekly newsletter to obtain further news and developments on this topic.