Published on May 2, 2023

U.S. Citizenship and Immigration Services (USCIS) recently released the following chart, which shows the H-1B registration and selection figures for fiscal years 2021-2024.

This year, USCIS received a record number of 780,884 registrations (an increase of 61% over the number of H-1B registrations received in 2023).  More importantly, of those registrations, an astonishing 408,891 were submitted on behalf of the same individuals by different companies.

Under U.S. regulation, H-1B visas are limited on an annual basis to 65,000 under the regular cap, with an additional 20,000 visas available to applicants holding a U.S. Master’s degree. Due to the high number of registrations, the selection rate for H-1B visas for the upcoming fiscal year was approximately 12%. Once a registration is selected, the employer then has three months to file an H-1B petition on the beneficiary’s behalf, for a start date on or after October 1, 2023.

USCIS has expressed concern over the significant increase in the number of multiple registrations submitted on behalf of beneficiaries this year. USCIS said it has found that a small number of companies are responsible for entering the same applicants into the lottery multiple times, with the alleged goal of artificially boosting their chances of winning a visa, according to the Wall Street Journal which first reported the story.

USCIS has confirmed its intent to disqualify registrants, including those already selected if they have engaged in fraud to increase their chances of selection. USCIS also confirmed that the agency may deny a petition or revoke an approval if it finds that the registration contained a false attestation. USCIS may also pursue criminal prosecution of the companies and individuals involved in these potentially fraudulent registrations.

This means that it is very possible that USCIS could reopen the H-1B lottery selection process again, in which case additional registrations would be selected and more H-1B visas would become available.

In addition, USCIS has indicated that it will likely increase the H-1B registration fee from $10 to $215, and “modernize” the H-1B lottery and registration process in the future, in order to reduce the possibility of misuse and fraud in the H-1B lottery system.

The immigration attorneys at Ryan Swanson are closely monitoring developments with regard to the H-1B selection process and will post updates on our website and social media. Please reach out to our Immigration Group for more information, or to explore alternative visa and work authorization options for employees not selected in the FY-2024 H-1B lottery.