USCIS Announces the H-1B cap for FY23 Has Been Reached

Cozen O'Connor
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Cozen O'Connor

On August 23, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of petitions to reach the congressionally mandated 65,000 H-1B regular cap and the 20,000 H-1B advanced-degree exemption, known as the master’s cap, for fiscal year 2023 (FY23).

USCIS completed its update to the online registration system, and registrants not selected in the “H-1B lottery” will now show status as “Not Selected – Not Eligible to File an H-1B Cap Petition.”

This moratorium on H-1B visas only refers to new H-1B cap cases filed for FY2023. Petitions for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY2023 H-1B cap.

USCIS will continue to process cap-exempt H-1B petitions, H-1B extension petition, new employer petitions, petitions to change the terms of employment (including change of work location or job duties), and H-1B concurrent work petitions.

The next time new H-1B visas will become available will be for FY2024 (starting October 1, 2023). USCIS will conduct the next H-1B lottery in March 2023.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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