U.S. Citizenship and Immigration Services (USCIS) has completed its selection of registrations submitted during the initial registration period to reach the FY 2023 H-1B annual numerical limitation (Cap). USCIS has notified all prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration. Registrants’ online accounts will now show one of the following statuses for each registration:
- Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.
- Selected: Selected to file an H-1B cap petition.
- Denied: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.
- Invalidated-Failed Payment: A registration was submitted but the payment method was declined, rejected, disputed, or cancelled after submission.
FY 2023 H-1B cap-subject petitions may be filed with USCIS during the filing period indicated in the registration selection notice. The filing period, beginning April 1, 2022, will last for at least 90 days, though notices suggest that the filing end date will be June 30. Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2023, and only for the beneficiary named in the applicable selected registration notice. During this cap-subject petition filing period, USCIS will not use pre-paid mailers to send out any communication or final notices for FY 2023 cap-subject H-1B petitions, and it’s likely that there may be delays associated with the issuance and delivery of receipt notices due to the rapid increase of case processing volume by USCIS.
Employers and Global Mobility Teams should consider several actions at this time:
- Contact your immigration counsel to coordinate the timely filing of H-1B cap-subject petitions, keeping in mind that change of status requests of F-1 students may require careful planning to address potential cap-gap issues. This discussion should also factor in the travel needs of your foreign national workforce.
- Host town hall sessions and/or disseminate guidelines to streamline immigration/mobility operations and educate stakeholders on case status notification and manage expectations.
- Contact counsel to identify alternatives to H-1B Cap for those individuals whose registrations have not been selected. This may include visa classifications other than H-1B or cap-exempt H-1B options, but also strategies to place individuals at countries other than the U.S.
This information is distributed for informational purposes only. For further questions, please contact a G&A attorney for assistance.