On July 31, 2023, USCIS completed a second round of selections of H-1B registrations for the 2024 fiscal year. USCIS selected an additional 77,600 registrations in the second selection. In the first round, USCIS had selected 110,791 registrations to reach the 85,000 annual limit. The second round of selections indicates that USCIS anticipates a lower rate of approval from the initial round of selections than they had initially anticipated. Those registrations that were still not selected in the second round remain eligible should USCIS conduct a third round, as USICS has not yet closed those registrations—although the likelihood of such is low.

Hopeful beneficiaries whose H-1B registrations have not been selected in this year’s H-1B lottery will need to find an alternative should they wish to remain in the United States. Some beneficiaries might elect to remain in or change to F-1 status, while some limited individuals might be eligible to purse an O-1 or NIW petition. Employers can also seek an employment-based immigrant visa petitions for beneficiaries, but must first go through the labor certification process (PERM), which is lengthy and more stringent than what is required to qualify for a H-1B. (See article below.)