Anticipated H-1B Visa Reforms for 2024: Changes in Lottery Selection Process

The United States is gearing up for significant immigration reforms in 2024, particularly concerning H-1B visas and addressing green card backlogs. One of the key reforms set to take effect in March 2024 is a transformation of the H-1B visa selection process, as announced by the U.S. Citizenship and Immigration Services (USCIS) on October 23, 2023.

The USCIS has identified a surge in registrations for FY24, primarily attributed to multiple submissions by the same individuals. Currently, the USCIS employs a lottery system when the number of H-1B applications filed by companies exceeds the annual limit of 85,000. This led to the rejection of over 75% of H-1B registrations for FY 2024. In response, the USCIS is proposing a shift towards selecting H-1B registrations based on unique beneficiaries, utilizing passport information to identify and eliminate duplicate entries.

According to the USCIS, the proposed update to the random selection process would still allow registrants to submit registrations on behalf of beneficiaries. However, the selection would be based on each unique beneficiary rather than each registration. This means that each unique beneficiary would have a single entry in the selection process, regardless of how many registrations were submitted on their behalf.

These reforms aim to streamline the H-1B visa selection process and ensure fair and equitable distribution among beneficiaries while curbing the submission of multiple registrations by the same individuals.