H-1B Cap Season Planning and Other Updates From USCIS
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H-1B Cap Season: Demand for H-1B visas for skilled workers is likely to remain high in the coming year, despite the uncertain economic expectations for 2023. Consequently, prior to the March 2023 H-1B Cap Registration period, we encourage employers to begin assessing the requirements of their current and potential employees.
The H-1B Cap Season: March 2023
The H-1B nonimmigrant visa is one of the most highly utilized and sought-after temporary work visas. It makes it easier for foreign nationals to get jobs in “specialty occupations,” which are jobs that require at least a bachelor’s degree or an equivalent degree to do temporary work in the United States. Please be aware that petitioners can only submit one H-1B Registration for each H-1B applicant.
The H-1B visa is limited to 85,000 visa petition submissions per cap season and employment starts on October 1 of each government fiscal year. The U.S. Citizenship and Immigration Services (USCIS) allows H-1B visa petitions to be submitted up to 180 days prior to employment commencement. Traditionally, April 1 is the first day of the year that H-1B filings are accepted by USCIS.
Since 2020, USCIS has implemented an H-1B pre-registration process that allows employers to register their individual H-1B submissions online for one (1) selected foreign national applicant. The submission will be disqualified if the same employer files multiple applications for the same foreign national. An H-1B petition for the same foreign national may be submitted by more than one employer. In 2020 and 2021, at the level of the Coronavirus pandemic. USCIS didn’t get adequate H-1B registrations and, thusly, conducted a second lottery. Despite receiving over 483,000 H-1B registrations in 2022, USCIS did not hold a second lottery. In March 2023, the USCIS is expected to hold an H-1B lottery. Also, petitioners who are selected through the lottery are required to submit their H-1B visa petitions. Within the 90-day period that starts on April 1, 2023.
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We expect the next H-1B registration period to occur during the first two weeks of March 2023. It is a good idea to start planning for H-1B registrations in early January 2023.
How Employers Can Plan for the H1B Cap
- Determine which foreign nationals will be sponsored for an H-1B visa status.
- Choose a job in a specialty occupation to be offered to the foreign national.
- Determine the foreign national’s compensation.
- Examine the employee’s qualifications.
- Contact your immigration lawyers to begin assembling the significant documentation and devising a winning case strategy.
