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Key Points

  • USCIS has reached its annual cap of 85,000 cap-subject H-1B petitions
  • USCIS will send individuals non-selection notices soon if their petition was not selected
  • USCIS will continue to process non-cap-subject H-1B petitions

Overview

United States Citizenship and Immigration Services (USCIS) announced that it has received enough petitions to reach its congressionally mandated cap of 85,000 cap-subject H-1B visa petitions, which includes 65,000 visas under the regular cap and an additional 20,000 visas in the master’s cap.

In the next few days, registrants whose petitions were not selected will receive non-selection notices from UCSIS in their online accounts. Those who receive non-selection notices will see a “Not Selected” status on their accounts.

While USCIS has reached the H-1B cap, it will continue to process and accept petitions that are cap-exempt. Petitions filed for current H-1B workers who have been previously counted against the cap and still have their H-1B cap number are exempt from the FY 2024 H-1B cap.

Looking Ahead

USCIS will continue accepting and processing petitions to:

  • Change the terms of employment for current H-1B employees
  • Extend the amount of time a current H-1B employee can stay in the US
  • Allow current H-1B workers to change employers
  • Allow current H-1B employees to work concurrently holding other H-1B positions

Written by: Lucy Halse, Content Marketing Associate, Envoy Global
Edited by: Frank Fogelbach, Supervising Attorney, Corporate Immigration Partners
Source: United States Citizenship and Immigration Services (USCIS)

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