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The H-1B Registration Changes Proposed by USCIS for H-1B Lottery Selection Process

Hi William,

What is the 
H-1B registration changes proposed by USCIS for H-1B lottery selection process?


USCIS uses a lottery when companies file more H-1B applications or registrations than the annual limit of 85,000, which is 65,000 plus a 20,000 exemption for advanced degree holders from U.S. universities. According to USCIS, registrations for FY 2024 increased largely due to multiple registrations submitted for the same individuals. Due to the low annual H-1B limit, USCIS would have rejected over 75% of H-1B registrations for FY 2024, even if beneficiaries with multiple registrations were excluded from the lottery.

Thus, USCIS has proposesd a solution, selecting H-1B registrations by unique beneficiaries. Under the proposed selection process, registrants would continue to submit registrations on behalf of beneficiaries and beneficiaries would continue to be able to have more than one registration submitted on their behalf. But the selection would be based on each unique beneficiary identified in the registration pool, rather than each registration.

Each unique beneficiary would be entered in the selection process once, regardless of how many registrations were submitted on their behalf. If a beneficiary were selected, each registrant that submitted a registration on that beneficiary’s behalf would be notified of selection, and would be eligible to file a petition on that beneficiary’s behalf.

If multiple unrelated companies submitted registrations for a beneficiary and the beneficiary were selected, then the beneficiary could have greater bargaining power or flexibility to determine which company or companies could submit an H-1B petition for the beneficiary, because all of the companies that submitted a registration for that unique beneficiary would be notified that their registration was selected, and they are eligible to file a petition on behalf of that beneficiary.

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