Today, Noon ET March 25th marks the end of the H-1B CAP Registrations for FY 2025 (USCIS follows a fiscal year October 1st to September 30th). Year after year, even during the pandemic, registrations have been steadily increasing.

This chart shows registration and selection numbers for fiscal years 2021-2024 (as of July 31, 2023).

Cap Fiscal Year Total Registrations Eligible Registrations* Eligible Registrations for Beneficiaries with No Other Eligible Registrations Eligible Registrations for Beneficiaries with Multiple Eligible Registrations Selections**
2021 274,237 269,424 241,299 28,125 124,415
2022 308,613 301,447 211,304 90,143 131,924
2023 483,927 474,421 309,241 165,180 127,600
2024 780,884 758,994 350,103 408,891 188,400

*The count of eligible registrations excludes duplicate registrations, those deleted by the prospective employer prior to the close of the registration period, and those with failed payments.

**The number of initial selections for FY 2024 – 110, 791 — was smaller in than in prior years primarily due to (a) establishing a higher anticipated petition filing rate by selected registrants based on prior years; and (b) higher projected Department of State approvals of H-1B1 visas, which count against the H-1B cap.

Source: uscis.gov

What stood out last year was the tremendous increase in multiple eligible registrations for the same individual.  With Congress deadlocked on immigration legislation and no forthcoming increase in H-1B numbers, the USCIS has resorted to shuffling the basis for selection to try and make a difference in the overall selection of eligible applicants. This was partially based on a finding last year, that some companies had sought to game the system by filing multiple registrations for the same beneficiary under different entities. So, on Jan. 30, 2024, USCIS announced a final rule that “seeks to ensure each beneficiary would have the same chance of being selected, regardless of the number of registrations submitted on their behalf.  Under the beneficiary-centric process, registrations will be selected by unique beneficiary rather than by registration.”

Additionally, the USCIS announced that it was moving to an online format for H-1Bs – from initial registration to filing, decision-making, and communication to the Department of State. This new set up was announced in late February and has not been without problems. Even though, the USCIS used public engagements to reach out to the public, the roll out of the Organizational Accounts was rushed through, without adequate public training and testing. As reported by the American Immigration Lawyers Association, Legal Representatives and employers alike found several problems with the simplest of tasks. and finally, late on March 21st, USCIS announced the extension of the initial registration period until noon ET on March 25th.

The USCIS will most likely announce the results of the registration in a day or two. Successful registrants have 90 days from April 1st to file their petition.

Unfortunately, the H-1B CAP process continues to suffer from a lack of real-world correlation with actual demand. The arbitrary number of 65,000 (set in 1990) + 20,000 (set in 2006) have remained stuck in the past despite research showing the significant benefits of H-1B program. Several nonimmigrants currently in the U.S., have been left out of CAP selection in multiple years and there is no provision to make it any easier or more likely that these individuals are selected during this year’s CAP registration. While USCIS policies seek to approach the H-1B program from an enforcement perspective, what is really required is a more business centric approach to a program which by all accounts benefits the U.S. economy.