What is the registration process for this years’ cap-subject petitions?

In 2020, USCIS implemented an online registration system. This system remains in effect for this year’s (FY2024) H-1B CAP registrations. Employers/Authorized Representatives can submit online registrations via the “myUSCIS” portal. The account can be accessed at the following link: https://my.uscis.gov/.

When can I create the myUSCIS account for the H-1B Registrations?

A new H-1B Registrant account can be created as of noon Eastern on February 21, 2023, and will remain open until the registration period ends on March 17, 2023. Note that the account must be created as a “H-1B Registrant” to have the ability to submit the registrations.

I already have a myUSCIS account, but it was not created as a H-1B Registrant. What can I do?

The easiest thing to do is to create a new myUSCIS account using a different email that you have access to.

When is the registration period?

The registration period will begin at noon Eastern time on March 1, 2023, and will close at noon Eastern time on March 17, 2023.

Will it be possible to draft the electronic registration prior to March 1st?

No. USCIS will only allow Employers to create the myUSCIS account and Authorized Representatives can add clients to their accounts. Employers/Authorized Representatives must wait until March 1^st to enter the H-1B registrants’ information and submit the fee.

When will I be notified if my case is selected in the H-1B lottery?

USCIS will inform Employers/Authorized Representatives no later than March 31, 2023. Employers/Authorized Representatives will receive an electronic notification via the myUSCIS account if a case has been selected.

What is the fee for submitting an Electronic Registration?

USCIS is currently charging $10.00 per registration, that can be paid with a credit card.

Can the Beneficiary pay the Electronic Registration fee, or must this be paid by the Employer?

The registration fee must be paid by the Employer.

What information will be required for the Electronic Registration?

The electronic registration form will request basic information about the petitioning company and the beneficiary, including but not limited to, company name, address, and signatory, the beneficiary’s name and passport information, and if the registration should be included in the Master’s CAP. To date, USCIS has not requested information about the offered position such as job title, minimum requirements or wage.

Are any documents submitted with the registration?

No. USCIS does not require any documents to be provided at the time of registration.

Will an attestation be required as part of the Electronic Registration process?

Yes. The petitioning organization or their authorized representative will be required to certify under penalty of perjury that all of the information submitted is correct and, if selected, that the petitioning organization will submit an H-1B petition on behalf of the named beneficiary. By providing this attestation, petitioning organizations are confirming to USCIS that they have a bona fide job available for the beneficiary in question and intend to file a petition.

Will an LCA be required as part of the registration process?

No, an LCA is not required. However, Employers can choose to file an LCA at the time of submitting the electronic registration so if they receive notification that the case has been selected, they can then file the petition quickly with USCIS. Those who choose not to file an LCA upfront will have to wait at least 7-10 days after selection until the LCA is certified before they can file the H-1B petition.

Will a G-28 be required if the Electronic Registration is submitted by an Attorney?

Yes. All Attorneys submitting electronic registrations on behalf of their clients will need to submit a properly completed G-28 form via the online portal.

When can selected applicants start filing petitions?

USCIS will begin accepting completed petitions on April 1, 2023. As explained above, those who have elected not to file an LCA beforehand will have to wait until the LCA is certified prior to filing the petition with USCIS.

When is the last day a selected case can be submitted with USCIS?

USCIS must have the completed petition by June 30, 2023. USCIS will not accept any petitions after this date. Thus, it is essential to account for any potential shipping delays.

Will there be any consequences for petitioning organizations that file a registration but later choose not to submit a petition?

USCIS could potentially question those employers that have a pattern of submitting registrations but do not file petitions following selection. The employers could potentially be subject to monetary fines or criminal penalties. It is therefore critical that employers only submit online registrations for candidates who they intend to file a completed petition.

Will premium processing be available for FY2024 CAP-subject petitions?

USCIS has not yet announced if they will be accepting premium processing for the CAP petitions.

Please note that the information above is based on the previous CAP years and recent USCIS updates. We will continue to update this page as and when USCIS makes any additional updates or changes.