USCIS has confirmed that the H-1B cap has been reached for the 2022/2023 fiscal year starting October 1, 2022.
We are also aware that sponsoring firms are receiving USCIS alerts advising that the remaining FY 2023 registrations in the H-1B cap online system have changed from “submitted” to “not chosen.”
This means that all 85,000 H-1B cap petition openings have been filled.
To achieve the quota, USCIS chose 127,600 cap registrations from those that had registered at the start of 2022, almost 26% of all registrations received. Employers registered 483,927 employees for the FY 2023 quota in March, up around 57% from the previous year. The deadline for employers to file petitions for lottery-selected registrants was June 30, 2022.
In its statement, USCIS confirmed a second cap lottery for H-1B employment in FY 2023 would not be held. However, the USCIS is still accepting petitions for employment that is exempt from the cap, such as petitions for extensions of stay, changes of employer, amended petitions, and employment that is not subject to the annual quota.
Registrations that are not chosen this year are not automatically carried over to the following fiscal year. A sponsoring company may re-register foreign nationals whose registrations were rejected when the FY 2024 cap season starts in the spring of 2023.
US immigration advice
NNU Immigration are specialist London-based US immigration attorneys. If you have any queries or concerns about a US visa application, such as the H1B, speak to our US immigration specialists.
This article does not constitute direct legal advice and is for informational purposes only.
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
