On August 23, 2022, USCIS announced that it has received a sufficient number of petitions to reach the statutory 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption for fiscal year 2023. As such, USCIS has updated registrant online accounts (MyUSCIS.gov) to indicate a change in fiscal year 2023 H-1B cap registrations status from “Submitted” to “Not Selected.”
Although the fiscal year 2023 H-1B cap has been reached, USCIS will continue to accept and process petitions that are otherwise exempt from the cap, including petitions 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 suspect that you have a case which meets one of the above cap-exempt situations, we encourage you to notify your Dentons Cohen & Grigsby Immigration partner for further analysis.
As this concludes the fiscal year 2023 H-1B cap lottery, we now begin to look forward to the fiscal year 2024 H-1B cap lottery, which we anticipate taking place in March 2023. As always, we encourage all those interested in the H-1B lottery to begin the applicant identification process as early as possible.
Please contact your Dentons immigration lawyer if you have any questions regarding the above.
