Looking ahead to the 2024 H-1B cap lottery and other developments

Over the past year, the immigration landscape has been shaped by myriad factors, including mass tech layoffs, the easing of COVID-related travel restrictions, and changing employer attitudes toward remote work. As we move into the new year, there are several issues and trends you should be aware of.

Changes to the H-1B cap lottery registration system

The H-1B visa is the most used and sought-after nonimmigrant employment visa for foreign professional workers, with a congressionally mandated annual quota of 65,000 and an additional 20,000 for foreign nationals holding a U.S. master’s or advanced degree.

Given the limited number of H-1B visas available annually, the demand far surpasses the supply. As a result, the U.S. Citizenship and Immigration Services (USCIS) uses an annual lottery system that requires employers to submit an electronic registration form for each foreign worker they wish to employ in H-1B status. The lottery registration period generally runs for the first two weeks of March each year, with results emailed to employers on or before April 1. The USCIS received 483,927 registrations in 2022 and 780,884 registrations in 2023, representing an unprecedented increase of over 60% year-on-year.