The U.S. Citizenship and Immigration Services (USCIS) recently announced that it received enough electronic registrations during the initial registration period to reach the H-1B cap for the fiscal year (FY) 2023. The agency has confirmed that sufficient registrations for the advanced degree exemption (master’s cap) have also been received.
To reach the cap, USCIS randomly selected from among the registrations properly submitted during the initial registration period, which ran from March 1 to March 18, 2022. The agency has notified all prospective petitioners with selected registrations about their eligibility to file an H-1B cap-subject petition for the beneficiary named in the applicable registration chosen.
Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered):
Submitted: The registration has been submitted and is eligible for selection. Even if the initial selection process has been completed, this registration remains eligible (unless subsequently invalidated) for selection in the next round of selections for FY 2023.
Selected: The registration has been selected to file an H-1B cap petition.
Denied: The registration has been rejected since multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If the denial is due to a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the FY are invalid.
Invalidated-Failed Payment: A registration was submitted, but the payment method was declined, rejected, disputed, or cancelled after submission.
• H-1B cap-subject petitions for FY 2023, including those petitions eligible for the master’s cap, may be filed with USCIS starting April 1, 2022, if based on a valid, selected registration.
• H-1B cap-subject petitions for FY 2023 can be filed only by petitioners with selected registrations and only for the beneficiary named in the applicable selected registration notice.
• H-1B cap-subject petition must be filed appropriately with the correct service center and within the filing period indicated on the relevant registration selection notice.
• The period for filing the H-1B cap-subject petition will be at least 90 days.
• Online filing is not yet available for H-1B petitions, so petitioners filing H-1B petitions must do so by paper.
• Petitioners must include a printed copy of the applicable registration selection notice with the FY 2023 H-1B cap-subject petition.
• Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the master’s cap, must establish eligibility for petition approval at the time the petition is filed and through adjudication, based on existing statutory and regulatory requirements.
Note: Selection in the registration process does not exempt the petitioner from submitting evidence or establishing eligibility. Initial registration selection only concerns eligibility to file the H-1B cap-subject petition.
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