Important Updates
Important Updates
July 1, 2025 | Republic of Korea (South Korea)South Korea: Update on In-Country Dependent Visa Applications
July 1, 2025 | 🌐Minimum Salary Changes Announced
July 1, 2025 | PolandPoland: Single Permit Eligibility Limited  
July 1, 2025 | PortugalPortugal: Residence Permits Extended
July 1, 2025 | Saudi ArabiaSaudi Arabia: Visit Visa Entry and Exit Restrictions for Select Nationals
July 1, 2025 | Republic of Korea (South Korea)South Korea: Update on In-Country Dependent Visa Applications
July 1, 2025 | 🌐Minimum Salary Changes Announced
July 1, 2025 | PolandPoland: Single Permit Eligibility Limited  
July 1, 2025 | PortugalPortugal: Residence Permits Extended
July 1, 2025 | Saudi ArabiaSaudi Arabia: Visit Visa Entry and Exit Restrictions for Select Nationals
July 1, 2025 | Republic of Korea (South Korea)South Korea: Update on In-Country Dependent Visa Applications
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

United States: H-1B Cap Petition Filing Period Closes October 31

October 2, 2023

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

Employers have just a few more weeks to file petitions for foreign nationals selected in the second FY 2024 H-1B cap lottery. USCIS must receive all cap petitions by October 31, 2023.

The issue

The second filing period for the Fiscal Year (FY) 2024 H-1B cap season closes on October 31, 2023. Employers should continue working closely with their Fragomen team to prepare and submit a full H-1B cap petition and supporting evidence to the U.S. Citizenship and Immigration Services (USCIS) before the filing window closes. Lottery selections are only valid through October 31, so H-1B cap petitions must be received by that date.

Will USCIS conduct a third cap selection lottery for FY 2024?

The earliest that USCIS could make a decision to conduct a third H-1B cap registration lottery would be in November, after the second filing period ends and USCIS can determine if they need to select more registrations to meet the 85,000 annual cap.

As a reminder, USCIS holds in reserve registrations that are not selected in the initial H-1B cap registration lottery selection for the applicable fiscal year. During the FY 2021 and 2022 cap seasons, USCIS conducted multiple lottery selections to reach the H-1B cap, but it did not do so during the FY 2023 season. The USCIS announced a second lottery for the FY 2021 H-1B cap on August 14, 2020. The following year, the agency announced a second lottery on July 19, 2021, and a third lottery on November 19, 2021, for the FY 2022 H-1B cap.

As we reported previously, there was dramatic increase in the number of registrations for the FY 2024 season. This was primarily due to an increase in beneficiaries for whom more than one registration was filed. Though there are circumstances in which multiple registrations are permissible, USCIS has publicly announced that this year’s surge raises concerns about potential misuse of the H-1B registration system, prompting the agency to begin investigations. It is not known whether significantly fewer H-1B cap petitions may be filed by selected registrants in the second lottery drawing as a result of USCIS’s public statements about potential misuse of the H-1B registration system. If this is indeed the case, a third lottery selection cannot be ruled out.

What’s next

Employers should work closely with their Fragomen teams to ensure that H-1B cap petitions can be filed in advance of the October 31 filing deadline. Essential supporting evidence, including company documentation, beneficiary educational documents, and other required documentation, must be collected promptly if it has not yet been gathered.

Fragomen is closely monitoring the FY 2024 H-1B cap and will provide any relevant updates.

If you have any questions about this alert, please contact the immigration professional with whom you work at Fragomen. This alert is for informational purposes only.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

2025 Middle East and Africa Immigration Trends: Balancing Localization Concerns with Global Talent Attraction Efforts

This blog highlights the most significant immigration developments shaping the Middle East and Africa in 2025, drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July.

Learn more

Video

French Citizenship by Decree | Everything You Need to Know

Immigration Consultant Azela Hadia covers everything you need to know about French citizenship by decree, a legal process through which a foreign national can acquire French nationality.

Learn more

Blog post

Navigating the UAE Corporate Landscape: A Strategic Guide for Startups and Entrepreneurs

This blog provides an overview of the key factors to consider when deciding in which jurisdiction to set up a company in the UAE.

Learn more

Media mentions

TechRound: Experts Share: How Will The Global Talent Visa Help The Startup Industry?

Manager Alexander Hood explains how the UK’s Global Talent visa helps tech founders start and grow businesses without employer sponsorship.

Learn more

Blog post

The Future of Care Work in the UK: Understanding the Latest Immigration Announcements

Partner Siobhan Owers and Senior Associate Asif Hanif discuss the latest UK immigration announcements and their impact on the future of care work.

Learn more

Media mentions

Toronto Star: 25 Years Ago New Immigrants to Canada Told Us Their Dreams. We Checked In to See How They’ve Fared

Senior Business Immigration Analyst Rabaa Biry recently shared her journey to Canada and how support and perseverance helped shape her path forward.

Learn more

Fragomen news

2025年6月 アメリカ移民法ダイジェストLearn more

Media mentions

Arab News: Growing Saudi Film Industry Driving Job Creation, Economic Growth

Partner Abeer Al Husseini highlights how Saudi Arabia’s growing film industry is creating jobs, attracting global talent and supporting economic diversification.

Learn more

Awards

Silicon Valley Business Journal Recognizes Partner Cindy Jen Among 2025 Women of Influence

Partner Cindy Jen is recognized as a 2025 “Woman of Influence” by the Silicon Valley Business Journal.

Learn more

Blog post

2025 LAR and Canada Immigration Trends: Balancing Control and Opportunity

This blog highlights the most significant immigration developments shaping Canada and Latin America in 2025. Drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July—it provides actionable insights and strategic guidance to help businesses and individuals navigate the region’s dynamic immigration landscape.

Learn more

Media mentions

Global Mobility Lawyer: DOL Plans “Emergency Agency” to Approve H-2A Visas

Partner Rachel Beardsley highlights how employment-based immigration supports the US agricultural sector amid labor shortages and evolving policies.

Learn more

Media mentions

Global Mobility Lawyer: Middle East Tensions Show Importance of Caring for Mobile Talent

Partner Abeer Al Husseini shares how employers can support mobile talent through travel readiness, immigration awareness and a people-focused approach.

Learn more

Blog post

2025 Middle East and Africa Immigration Trends: Balancing Localization Concerns with Global Talent Attraction Efforts

This blog highlights the most significant immigration developments shaping the Middle East and Africa in 2025, drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July.

Learn more

Video

French Citizenship by Decree | Everything You Need to Know

Immigration Consultant Azela Hadia covers everything you need to know about French citizenship by decree, a legal process through which a foreign national can acquire French nationality.

Learn more

Blog post

Navigating the UAE Corporate Landscape: A Strategic Guide for Startups and Entrepreneurs

This blog provides an overview of the key factors to consider when deciding in which jurisdiction to set up a company in the UAE.

Learn more

Media mentions

TechRound: Experts Share: How Will The Global Talent Visa Help The Startup Industry?

Manager Alexander Hood explains how the UK’s Global Talent visa helps tech founders start and grow businesses without employer sponsorship.

Learn more

Blog post

The Future of Care Work in the UK: Understanding the Latest Immigration Announcements

Partner Siobhan Owers and Senior Associate Asif Hanif discuss the latest UK immigration announcements and their impact on the future of care work.

Learn more

Media mentions

Toronto Star: 25 Years Ago New Immigrants to Canada Told Us Their Dreams. We Checked In to See How They’ve Fared

Senior Business Immigration Analyst Rabaa Biry recently shared her journey to Canada and how support and perseverance helped shape her path forward.

Learn more

Fragomen news

2025年6月 アメリカ移民法ダイジェストLearn more

Media mentions

Arab News: Growing Saudi Film Industry Driving Job Creation, Economic Growth

Partner Abeer Al Husseini highlights how Saudi Arabia’s growing film industry is creating jobs, attracting global talent and supporting economic diversification.

Learn more

Awards

Silicon Valley Business Journal Recognizes Partner Cindy Jen Among 2025 Women of Influence

Partner Cindy Jen is recognized as a 2025 “Woman of Influence” by the Silicon Valley Business Journal.

Learn more

Blog post

2025 LAR and Canada Immigration Trends: Balancing Control and Opportunity

This blog highlights the most significant immigration developments shaping Canada and Latin America in 2025. Drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July—it provides actionable insights and strategic guidance to help businesses and individuals navigate the region’s dynamic immigration landscape.

Learn more

Media mentions

Global Mobility Lawyer: DOL Plans “Emergency Agency” to Approve H-2A Visas

Partner Rachel Beardsley highlights how employment-based immigration supports the US agricultural sector amid labor shortages and evolving policies.

Learn more

Media mentions

Global Mobility Lawyer: Middle East Tensions Show Importance of Caring for Mobile Talent

Partner Abeer Al Husseini shares how employers can support mobile talent through travel readiness, immigration awareness and a people-focused approach.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.