To file H-1B petitions subject to the FY2024 cap for an employee, you must first electronically register and pay a $10 fee for each electronic registration. The electronic registration includes basic information about the employer and employee. If prepared by an attorney, the process requires an electronic handshake between the employer and the attorney. Registrations must be submitted between March 1 and March 17, 2023.
When you register, you must pay a non-refundable $10 fee online for each registration using the pay.gov portal. Payment can be made via ACH transfer from a bank account, a credit card, or a debit card. This fee is in addition to the filing fees you will have to pay later with the petition if the employee is selected in the cap lottery. If an attorney is filing on your behalf, please consult with the attorney about how this payment will be made.
The Lottery and Filing Petitions
After the registration period, USCIS will randomly select registrations from the ones it has received and will electronically notify you or your attorney if your employee has been selected. This will happen no later than March 31, 2023. If your employee’s registration is selected, you will have at least 90 days to file a fully prepared H-1B cap-subject petition for the employee starting April 1. If your employee’s registration is not selected, it will be maintained until USCIS
determines that it has received enough petitions to meet the cap. Once the cap has been reached, registrations that were not selected will be updated online as “not selected.”
What Should I Do Now?
Schedule a meeting with your attorney’s office before the registration period to discuss prospective H-1B petitions and whether the job and the individual would qualify for an H-1B. You should also discuss the timing of filing your H-1B petition with your attorney. To do this, you should:
- Gather all relevant information about the job and the prospective employee’s qualifications
- Starting at 12:00 noon (ET) on February 21, set up an employer account on myUSCIS as an “H-1B registrant.” See USCIS’s PowerPoint presentation for more details.
- Call your attorney’s office with any questions.
Be prepared to discuss your expectations for processing your registration and how quickly a petition needs to be filed if selected. Your attorney can also discuss options if your registration is not selected.
Get the complete packet here: FY2024 H-1B REGISTRATION FACT SHEET FOR EMPLOYERS