H1B Updates- Cap Subject Petitions Complete for FY 2023!!!
Dev B. Viswanath, Esq.
The USCIS has announced that now, all H1-B selections for Fiscal Year 2023 are complete and final. The fiscal year starts October 1st and ends September 30th each year.
USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2023. This was a bit of a shock given that in 2020 and 2021 there were multiple rounds (2021 saw four separate selection rounds), however, for this year they decided to complete selections after round two. We also saw about a 5 week delay in announcing the results for round 2.
The agency has completed sending non-selection notifications to registrants’ online accounts. The status for registrations properly submitted for the FY 2023 H-1B numerical allocations, but that were not selected, will now show:
- Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration.
USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2023 H-1B cap. USCIS will continue to accept and process petitions filed to:
- Extend the amount of time a current H-1B worker may remain in the United States;
- Change the terms of employment for current H-1B workers;
- Allow current H-1B workers to change employers; and
- Allow current H-1B workers to work concurrently in additional H-1B positions.
If you have an interest in pursuing an H1B visa please do contact an experienced immigration professional.