On Tuesday, March 29, U.S. Citizenship and Immigration Services announced it had completed the random selection for the H-1B FY 2023 cap, and notified all prospective petitioners with selected registrations.
Selected registrants are eligible to file an H-1B cap-subject petition starting April 1, 2022.
Registrants’ online accounts will show the current status for each registration, for each beneficiary:
- Submitted: The registration has been submitted and is eligible for selection. ‘Submitted’ registrations, unless invalidated, remain eligible for any additional selections for FY23. In FY2022, there were three separate rounds of selections.
- Selected: Selected to file an H-1B cap petition. H-1B cap petitions may be filed as soon as April 1, 2022.
- Denied: 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.
Petitioners must file via paper applications as online filing is not yet available. The period for filing H-1B cap-subject petitions is at least 90 days.
USCIS will send the petitioner and, if applicable, the petitioner’s legal representative a Form I-797, Notice of Action, upon receipt of the petition. Due to increased volume, the issuance of Form I-797 may be delayed even when the petition is timely received and properly filed. If more than 30 days have passed since the confirmation of delivery and the petitioner has still not received a Form I-797, the petitioner may contact the USCIS Contact Center for assistance.
Erickson Insights
Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your EIG attorney. For more information about the H-1B Electronic Registration Process >>