On August 23, 2022 USCIS announced that it has reached the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption (“master's cap”) for fiscal year (FY) 2023. This confirms that there will be no further rounds of selection, and any candidates not already chosen will not be selected in this year's cap lottery. Employers should now see each registered name in their online account that was not initially selected updated to read ‘Not Selected'.
The H-1B program has a mandated maximum, or cap, of beneficiaries each fiscal year. Exceptions to the cap are available for those who were already counted in a previous year's H-1B cap and are:
- Extending their existing H-1B status
- Amending their H-1B employment or changing employers
- Filing for an additional concurrent H-1B petition
Applicants working for non-profit organizations associated with government or higher education institutions are also exempt from the H-1B cap.
To be considered for the H-1B cap, petitioners must submit electronic registrations in the spring for each applicant. USCIS will randomly select registrations to file a full H-1B petition for adjudication. USCIS may conduct additional selections if all 65,000 regular cap and 20,000 master's cap are not used after the first selection. If selected in the cap lottery and approved by USCIS, applicants may begin working on October 1.
If you were not selected in the FY2023 H-1B cap, there may be alternatives available. Contact our office for a consultation on strategies available to you.
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