Selected Versus Not Selected and Continued Processing of Certain Petitions
Per USCIS, the lottery process used to choose which registrants will move forward with their H-1B petitions is complete, and those selected were notified already in their online accounts. Those who weren’t chosen will see their status change to “Not Selected,” which means that those individuals are ineligible to file H-1B cap petitions for this registration period.
USCIS continues to accept and process cap-exempt petitions throughout the year, and petitions for H-1B workers previously counted against the cap with an active cap number.
Once an H-1B visa is provided to a beneficiary, they may continue to require USCIS processing for other matters, such as:
● An extension beyond the initial three-year benefit period,
● Changes in employment terms,
● Changes of employers,
● Concurrent work in multiple H-1B positions,
These requests flood the system throughout the year and must be worked concurrently with initial requests. But in addition to the usual legitimate petitions, USCIS officers are dealing with an unexpected load of work this year: scrutinizing registrations and filed petitions for potential fraud.
No Doesn’t Necessarily Mean No This Year
The initial announcement, made on March 27, 2023, claimed that USCIS received sufficient electronic registrations to reach the FY 2024 cap. However, upon examination, an unexpected and historic number of these were multiple registrants or otherwise suspicious.
This led to an announcement that additional registrations would need to be chosen to reach the cap, as many of the initial choices were rejected. July 31 brought the next announcement that out of the properly submitted registrations, the cap was, once again, met.
The significant rise in registrations over previous years was enough to warrant suspicion, and the increase in multiple registrations submitted for the same beneficiary opened the need for an official investigation.
As USCIS reviews the new petitions, officers will continue to be overly diligent in evaluating each beneficiary, using new measures to counter fraud. Those suspected of this behavior will be sent to investigative agencies for potential consequences, as each registration requires an attestation signed under the penalty of perjury.
This attestation states that all information on the registration is true and correct, the job offer is legitimate, and the registrant or organization acting on behalf of the registration hasn't worked with or agreed to work with any other registrant or individual to increase a beneficiary's chances of selection unfairly.
What’s Next?
What does this mean for you? Due to the fraud investigations taking place and the number of denied and revoked petitions already completed, there may be more H-1B visas available throughout the year. Now is the time to contact an experienced immigration team, like Visa2US, to review your case and determine your next steps.
As of now, the filing rate for FY 2024’s H-1B cap petition has decreased as people are concerned about the ongoing investigations. USCIS continues to adjust the system and modernize rules to enhance the registration process to combat misuse and fraud, which means more changes to an already complicated process. Working with an experienced attorney who stays on top of these changes is crucial, and those of us at Visa2US are here to guide you through your H-1B visa journey.
Contact us 24/7 to find out how we can assist you in reaching your professional H-1B visa goals.
