August 15, 2023

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On July 27, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced that it would perform a second random selection of properly submitted electronic registrations, better known as the H-1B lottery. This lottery occurred due to a shortfall in acceptable registrations selected during the first H-1B lottery that the USCIS performed in March 2023. 

As a result, the USCIS recently announced the completion of its second random selection of H-1B allocations. The agency believes it has selected enough registrations to reach the 2024 H-1B numerical allocations cap. The USCIS has begun updating prospective petitioners and their sponsoring employers on the results. Chosen applicants may begin filing an H-1B petition after confirming their status.

With the second round of lottery selections completed, the USCIS will update all myUSCIS accounts informing them of their new statuses. The agency will also notify the selected individuals’ sponsoring employers and involved attorneys of the election results. Employers may review the status of their beneficiaries on myUSCIS. The USCIS will display one of the following statuses on the account:

• Selected: This indicates the beneficiary’s status as chosen, and an employer may file an H-1B petition for the beneficiary during the filing period.
• Not selected: This indicates that the beneficiary cannot file for an H-1B petition based on the lottery registration.
• Submitted: Though the lottery did not select this beneficiary, the USCIS will consider them for future selections. Such selections depend on whether the USCIS fails to receive enough H-1B petitions approved under the cap.
• Denied: This indicates that the USCIS received duplicate registrations for the beneficiary. Duplications lead to automatic denial.
• Invalidated or Failed Payment: The payment did not go through, or the account holder did not make a payment.

Employers with selected beneficiaries may begin filing H-1B petitions during the filing period, which runs from August 2, 2023, to October 31, 2023. Most beneficiaries may file anytime within the filing period. However, some beneficiaries may receive additional time due to constraints. For example, those who require cap-gap protection to retain employment authorization may qualify for more time.

Employers with selected beneficiaries should expect additional documentation requirements for processes like employment eligibility verification (Form I-9). Many employers have found this process is a liability minefield due to complex documentation, reverifications, and constantly changing regulations. However, an electronic I-9 management tool can help to maintain uniform compliance by providing step-by-step guidance, helpful reminders, and convenient digital storage.

Learn more about automating your employment eligibility verification and ensuring compliance with I-9Compliance.

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