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February 2023: FY 2024 H-1B Lottery Registration Period Opens in March

15 Feb

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Update Applicable to:
All employers with foreign student employees.

What happened?
On January 27, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the fiscal year 2024 H-1B cap would open at noon Eastern on March 1, 2023, and run through noon Eastern on March 17, 2023.

What are the details?
Employers who recently hired F-1 foreign students and wished to continue to employ them beyond the one or three years of Optional Practical Training employment authorization should contact immigration counsel and start planning. USCIS announced that it would begin accepting electronic registrations for H-1B visas on March 1, 2023. The registration period runs until March 17, 2023, at noon Eastern time. Selected registrants will be notified in late March or early April. Selectees will then have 90 days to file an H-1B petition with the US Citizenship and Immigration Service. If the petition is approved, the visa will issue on October 1, 2023. 

An H-1B visa permits an employer to employ a foreign national in the United States in a position that usually requires a bachelor’s degree in a particular field. Common H-1B positions include architect, accountant, engineer, lawyer, computer systems analyst, and physician. With a maximum validity of six years, H-1 visas are commonly used as a bridge between student status and lawful permanent residence.  

For more information, please see the links below:

USCIS Announcement

Specialty Occupations

Article

What do employers need to do?
Employers should review the links provided above, and if they intend to keep their foreign student employees, they should start planning for registration come March 2023.

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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