LawQuest US Immigration Alert | FY2023 H-1B Cap Apparently Reached

FY 2023 H-1B Cap Apparently Reached

It appears that the H-1B CAP has been reached for FY 2023.  Over the past several days, we have noted that the USCIS is sending non-selection notifications to registrants’ online accounts. The USCIS can only send a non-selection notice to a properly submitted H-1B registration once they have determined enough cases have been selected to reach the cap.

The status for registrations properly submitted for the FY 2023 H-1B numerical allocations, but that were not selected, show:

“Not Selected”: not eligible to file an H-1B cap petition based on this registration.

Unlike prior years, this year the USCIS only needed to perform one selection process. During FY 2022, the USCIS conducted selections in March and subsequently in July, resulting in approximately 131,970 selections. For FY 2023, the USCIS received 483,927 H-1B registrations and initially selected 127,600 registrations to reach the 85,000 total FY 2023 numerical allocations.

The 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.
  • H-1B 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.

We will continue to monitor the USCIS’s website for an official announcement.

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