FY2024 H-1B Registration Recap 

May 10, 2023

On March 27, 2023, USCIS received enough electronic registrations during the initial registration period to reach the FY 2024 H-1B numerical allocations (H-1B cap), including the advanced degree exemption, also known as the master's cap. During the registration period for the FY 2024 H-1B cap, USCIS saw a significant increase in the number of registrations submitted compared to prior years. This chart shows registration and selection numbers for fiscal years 2021-2024 (as of April 24, 2023).

Cap Fiscal Year Total Registrations Eligible Registrations1 Eligible Registrations for Beneficiaries with No Other Eligible Registrations Eligible Registrations for Beneficiaries with Multiple Eligible Registrations Selections2

 

2021

274,237

269,424

241,299

28,125

124,415

2022

308,613

301,447

211,304

90,143

131,924

2023

483,927

474,421

309,241

165,180

127,600

2024

780,884

758,994

350,103

408,891

110,791

H-1B visas are for "specialty occupations." The H-1B program allows companies and other employers, from small businesses to large organizations, in the United States to temporarily employ foreign workers in occupations requiring highly specialized knowledge and a bachelor's degree or higher in their fields.

Since 2004, the regular visa cap has been set to 65,000. In 2005, Congress established an exemption of 20,000 additional visas from the H-1B cap for individuals who earned a U.S. master's degree or higher. Each year the cap has been met before the end of the fiscal year, in most instances in the first five days of the filing season.

In 2020, USCIS established an electronic registration process that allowed a U.S. employer to submit an electronic application with limited information and a minimal $10 fee. Based on the registrations received, USCIS would then run the lottery to select registrations to determine which employers could submit H-1B petitions.

From FY2014-2020, USCIS received between 124,000 – 236,000 petitions in the first five days of the H-1B filing season. In 2020, the process changed to this registration process. In FY2021, USCIS received 275,000 registrations. In FY2022, USCIS received 308,613 H-1B registrations, selecting 131,970 registrations in three lottery rounds. In FY2023, 483,927 H-1B registrations were received, and 127,600 registrations were selected to meet the cap. The data for FY2024 released by USCIS showed 780,884 registrations were submitted.

There are several factors leading to the increasing demand for H-1B visas, including:

  • The reopening of U.S. universities and consular operations post-pandemic has increased the number of foreign students graduating from U.S. institutions looking to use their education in the United States.
  • There is an increasing need for foreign workers to fill jobs due to a low unemployment rate and to fill employment needs created by recent legislation such as the CHIPS Act and the Infrastructure Investment and Jobs Act.
  • In a highly competitive job market, multiple employers are making bona fide job offers to the same employee.
  • High rates of registrants that were not selected in prior years entering the lottery in multiple years.
  • Reduced administrative barriers to entering the H-1B lottery.

The count of eligible registrations excludes duplicate registrations, those deleted by the prospective employer prior to the close of the registration period, and those with failed payments.

The number of selections was smaller in FY 2024 than in prior years primarily due to (a) establishing a higher anticipated petition filing rate by selected registrants based on prior years; and (b) higher projected Department of State approvals of H-1B1 visas, which count against the H-1B cap.

 
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Authors

Elizabeth A. Olivera

Associate

eolivera@cozen.com

(312) 382-3139

Frances Rayer

Member

frayer@cozen.com

(215) 665-3704

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