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Immigration Insider | February 2023

February 9, 2023

Fiscal Year 2024 H-1B Lottery Filings

USCIS has announced that the H-1B registration period for the FY 2024 lottery will be open from March 1, 2023 (noon EST) to March 17, 2023 (noon EST.) If you have employees who need to be entered in this year’s H-1B lottery, please contact our office as soon as possible.

Under this H-1B lottery process, an employer must submit the electronic pre-registration and pay a $10 fee in order to sponsor an employee for H-1B status. The electronic pre-registration requires submission of basic information, such as the name, address, and FEIN of the employer and the beneficiary’s biographic details and education. Should USCIS receive more electronic pre-registrations than there are H-1Bs available, a lottery is conducted. If selected in the lottery, employers are given a window of time during which the complete H-1B filing must be submitted. If USCIS does not receive sufficient H-1B petitions to meet the cap, a second lottery is conducted, with a second filing window. This is repeated until USCIS has the required number of petitions.

Green Card Validity Automatically Extended for 48 Months for Removal of Conditions Applicants

Due to long processing times, USCIS announced that it will automatically extend green card validity for 48 months for individuals who have filed petitions to remove the conditions on residence (I-751). A receipt notice (which confirms the extension) plus the expired green card is evidence of lawful presence in the United States. USCIS will re-print and send the new 48-month extension notices to those applicants who have pending I-751s filed before this change. We encourage those who are required to file petitions to remove the conditions of residence to file as early as permitted.