USCIS Announces Second H-1B Cap Lottery

By John F. Quill

On Thursday, July 27, 2023, US Citizenship and Immigration Services (USCIS) announced that it will conduct a second H-1B cap lottery. The agency will select an additional number of H-1B registrations from the remaining registrations submitted during the registration period, which ran from March 1 to March 17, 2023. 

As previously reported by Mintz, USCIS held open the possibility of subsequent H-1B selection periods for registrations submitted in March if an insufficient number of H-1B petitions were filed with USCIS based on the initial lottery selections.

USCIS has determined that there were fewer filed H-1B petitions as compared to selected H-1B registrations. As a result, USCIS will select additional registrations among the eligible, unselected registrations from March in order to ensure that enough petitions are approved to fill the annual quota of 85,000. USCIS received nearly 759,000 eligible H-1B registrations in March. At this time, it is not known how many additional registrations will be selected.

USCIS will announce when lottery selections are complete. Selected registrations will be updated in the USCIS online H-1B cap registration system.

For selected registrations, petitioners will have a 90-day filing window to submit an H-1B petition to USCIS.

Finally, USCIS has not yet rejected any H-1B registrations. Registrations that have not been selected are held “in reserve” in the event that USCIS does not receive an H-1B petition for each selected registration. There is still a possibility that USCIS will hold a subsequent lottery and select some of those registrations that are still held in reserve.

If you have any questions regarding H-1B cap registration or the USCIS lottery process, please contact your Mintz Immigration attorney.

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    John F. Quill

    Member / Chair, Immigration Practice

    John’s practice encompasses all aspects of immigration and nationality law. John draws on over two decades of experience to help companies and their employees obtain nonimmigrant visas, including B, E, H, J, L, O, and TN visas. He also handles applications for PERM labor certification; extraordinary ability, outstanding researcher, and national interest waiver petitions; adjustment of status procedures; consular processing; and naturalization.