U.S. Citizenship and Immigration Services has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2023 H-1B numerical allocations (H-1B cap), including the advanced degree exception (master’s cap). We randomly chose from among the registrations properly submitted to reach the cap. We have notified all prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.
Registrants’ online accounts will currently show one of the following statuses for every registration (that is, for each beneficiary registered):
Submitted: The registration has been submitted and is eligible for election. If the initial selection process has been finished, this registration remains eligible, unless subsequently invalidated. For selection in any subsequent selections for the fiscal year for which it was submitted.
Selected: Selected to file an H-1B cap petition.
Denied: Numerous registrations were submitted by or on behalf of the same registrant for a similar beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.
Invalidated-Failed Payment: A registration was submitted but the payment method was declined, rejected, disputed, or canceled after submission.
FY 2023 H-1B Cap Petitions May Be Filed Starting April 1
H-1B cap-subject petitions for FY 2023, including those petitions eligible for the advanced degree exemption. Might be filed with USCIS starting 1st April 2022, if based on a valid, selected registration.
Only petitioners with selected registrations might file H-1B cap-subject petitions for FY 2023. And only for the beneficiary named in the applicable selected registration notice.
An H-1B cap-subject petition should be properly filed 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 isn’t yet available for H-1B petitions, so petitioners filing H-1B petitions should do as such 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 advanced degree exclusion. Must still establish eligibility for petition approval at the time the petition is filed and through adjudication, based on existing statutory and regulatory requirements.
Selection in the registration process does not relieve the petitioner of submitting proof or otherwise establishing eligibility. As registration only pertains to eligibility to file the H-1B cap-subject petition.
Pre-paid Mailer Suspension
We won’t utilize prepaid mailers to send out any communication or final notification for the fiscal year 2023 cap-subject H-1B petitions. Including those requesting consideration under the advanced degree exclusion.
The process of printing and mailing the cap-subject H-1B petition approval notices by first-class mail is fully automated. Utilizing prepaid mailers requires a different, more time-consuming manual process. The current automated process is more time-effective for both petitioners and USCIS. Because of these lines, we will use top-notch mail as we work to process all cap-subject petitions in a timely manner.
Receipt Notice Delays | H-1B Initial Electronic Registration
When we get a timely and properly filed H-1B cap-subject petition, the candidate (and, if applicable, the petitioner’s legal representative) will be given a Form I-797, Notice of Action, communicating receipt of the petition. Because expanded filing volumes have typically been seen during H-1B cap filing periods. There are instances where a petition is timely and properly filed, yet the issuance of Form I-797 is delayed. If a petitioner has confirmation from the delivery service that the petition was delivered, but they have not yet received a Form I-797 confirming receipt of the petition, the petitioner shouldn’t submit a second petition. If a petitioner has confirmation from the delivery service that the petition was delivered and they then submit a second petition, the petitioner will be considered to have submitted duplicate petitions. This will result in denial or revocation of both petitions.
If more than 30 days have passed since the confirmation of delivery and the petitioner has still not got a Form I-797. The petitioner might contact the USCIS Contact Center for help.
If a petitioner gets a notification from the delivery service, or their tracking data suggests. That there might be a delay or harm to the package or that the package was misrouted. The applicant ought to follow the Delivery Service Error Guidance on the H-1B Cap Season site page.