USCIS Hits H-1B Visa Cap, Closing Applications for FY 2024

The United States Citizenship and Immigration Services (USCIS) has reached the congressionally mandated caps for H-1B visas for fiscal year (FY) 2024. The regular cap of 65,000 and the U.S. advanced degree exemption, also known as the master’s cap, of 20,000 have been met.

This implies that for FY 2024, the USCIS will no longer entertain H-1B Visa applications for the regular or master’s degree categories. However, the application window remains open only for current H-1B workers and certain exempt cases.

We have received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa master’s cap for FY 2024. We will be sending non-selection notices over the next few days. ⬇️

— USCIS (@USCIS) December 13, 2023

Non-Selection Notices and Status Updates

In the coming days, USCIS will be issuing non-selection notices to registrants through their online accounts. For those not selected for the FY 2024 H-1B numerical allocations, the status will display as “Not Selected: Not eligible to file an H-1B cap petition based on this registration.”

Exemptions and Ongoing Processing

While the regular and master’s caps have been filled, USCIS will continue to accept and process petitions that are exempt from the cap. This includes petitions filed for current H-1B workers who have been previously counted against the cap and still retain their cap number.

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Types of Accepted Petitions

USCIS will continue to accept and process petitions filed to:

1. Extend Stay: Extend the amount of time a current H-1B worker may remain in the United States.
2. Change Employment Terms: Change the terms of employment for current H-1B workers.
3. Change Employers: Allow current H-1B workers to change employers.
4. Concurrent Positions: Allow current H-1B workers to work concurrently in additional H-1B positions.

Background on the H-1B Program

The H-1B program is utilized by U.S. businesses to employ foreign workers in speciality occupations. For the latest updates and information on the H-1B cap season, petitioners are encouraged to subscribe to the H-1B cap season email updates by visiting the H-1B Cap Season page.

In summary, while the regular and master’s caps for FY 2024 have been met, USCIS will continue to process exempt petitions and provide updates to non-selected registrants. Stay informed by subscribing to email updates for the latest developments in the H-1B cap season.