Updates to the FY 2023 H-1B Cap: Everything You Must Know

 

The H-1B Cap is the annual limit on the number of H-1B visas that can be issued. The Master’s Cap is the maximum amount of H-1B visas that can be given to foreign nationals with a master’s degree or higher from a U.S. college or university.

Both the Regular Cap and the Master’s Cap will be subject to the same random selection process for H-1B petitions (lottery). US Citizenship and Immigration Services (USCIS) will only choose a sufficient number of applications to meet the quotas. If more petitions are submitted than necessary to reach either limit, a lottery will be held to choose the required number of petitions at random.

 

H-1B Registration

 

USCIS has provided FY 2023 H-1B Cap Season updates. Electronic registrations received during the initial registration period have met the H-1B numerical allocations (H-1B cap) for fiscal year (FY) 2023, including the advanced degree exemption (master’s cap). USCIS selects correctly submitted registrations at random to reach the limit. USCIS has advised all potential petitioners with selected registrations that they are eligible to submit an H-1B cap-subject petition on behalf of the Beneficiary specified in the selected registration.

USCIS will issue a notification letter if you are selected to file an H-1B petition. The letter will contain instructions for filing the H-1B petition. Registrants’ online accounts will now display one of the following registration statuses (that is, for each Beneficiary registered) for each registration:

After the first selection process has been finished, “Submitted” may be displayed as the registration status. All registration statuses through the conclusion of the fiscal year will be either Selected, Not Selected, or Denied.

This indicates that the applicant is eligible to submit an H-1B cap-subject petition.

Rejected: The same registrant submitted several registrations for the same Beneficiary, or the payment method was refused and not reconciled.

After processing your payment, it was subsequently denied, rejected, contested, or cancelled

 

Fiscal Year 2023 H-1B Cap Petitions

 

The standard H-1B visa cap allots 65,000 petitions to foreign employees who possess the necessary skills and qualifications. Individuals with a master’s degree or higher are allotted an additional 20,000 applications by USCIS.

USCIS will begin accepting H-1B cap-subject petitions for FY 2023 in April, including those petitions qualifying for the advanced degree exemption. Only petitioners with selected registrations may file cap-subject H-1B petitions, and only for the Beneficiary identified in the applicable notice of selection.

If you are not selected in the original selection process or if your case is denied, you may submit another H-1B cap-subject petition during the regular filing period on behalf of the same Beneficiary.

To submit an H-1B petition subject to a quota, you must attach a printed copy of the applicable registration selection notification. USCIS will use the notice to verify that you are registered for the fiscal year and that you have not submitted multiple duplicate registrations for the same Beneficiary.

A petition for an H-1B cap-subject position must be filed properly with the correct service centre and within the filing period specified on the applicable receipt notification. The filing window for cap-subject H-1B petitions will be at least ninety days.

USCIS will only approve the petition if the Beneficiary identified in the notice of registration selection has been determined to be qualified for the H-1B cap at the time of filing and throughout adjudication.

As of April, Petitioners filing H-1B cap-subject petitions, including those petitions qualified for the advanced degree exemption, must nonetheless demonstrate petition approval eligibility based on existing legislative and regulatory standards at the time the petition is filed.

 

Indefinite Mailer Suspension

 

No pre-paid mailers will be used to transmit any correspondence or final notices for H-1B petitions subject to the fiscal year 2023 cap, including those requesting consideration under the advanced degree exemption. Petitioners must now transmit these forms via first-class mail. The reason for this suspension is because the current automated approach is more efficient for both petitioners and USCIS.

All cap-subject petitions will be promptly when using first-class mail, providing that all interested parties have an equal opportunity to receive news of their selection.

 

Notice of Receipt Delays

 

When we receive a promptly and properly submitted H-1B cap-subject petition, the petitioner (and, if applicable, the petitioner’s legal representative) will be notified via Form I-797, Notice of Action, that the petition has been received.

Because H-1B cap filing periods often get a greater number of petitions, there are instances in which a petition is submitted on time and correctly, yet Form I-797 is not immediately given.

Suppose a petitioner receives confirmation from the delivery agency that the petition was delivered, but has not yet received Form I-797 confirming receipt of the petition. Consequently, they should not submit a second petition.

If a petitioner receives confirmation from the delivery agency that the petition was delivered and subsequently submits a second petition, both submissions will be regarded as duplicates. The petitions would subsequently be denied or revoked.

If more than 30 days have passed since the confirmation of delivery and the petitioner has still not received Form I-797, the petitioner should visit the USCIS Contact Center for assistance.

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