March 31, 2022

USCIS Completes FY 2023 H-1B CAP Lottery Selection Process

This message is meant only for those clients who have an H-1B CAP registration for FY 2023. If that does not apply to you, you may ignore this message.

United States Citizenship and Immigration Services (USCIS) has announced that the annual limit for Fiscal Year (FY) 2023 H-1B cap employment has been met and the lottery selection process has been completed. USCIS will issue a notification to all H-1B cap selections of their status, including regular and advanced-degree applicants. To check the status of a registration online, the company’s authorized signatory will need to access their account on my.USCIS.gov to learn which registrants were selected. For registrations filed by our office, we will notify all selected and non-selected applicants within the coming days. Registration statuses may include:

  • Selected: The beneficiary was selected in the FY 2023 lottery. The employer may file a FY 2023 H-1B cap petition for the beneficiary beginning April 1, 2022.
  • Submitted: The applicant was not selected in the lottery but will remain in consideration for selection until the end of the fiscal year.  The employer may not file an FY 2023 cap petition for the beneficiary unless notified otherwise by USCIS.
  • Denied: Because a duplicate registration was submitted by the employer for the same beneficiary, they are not eligible for the lottery.  If a registration was denied as a duplicate, all of the employer’s registrations for that specific beneficiary are invalid.
  • Invalidated – Failed Payment: The registration payment method failed, so the beneficiary is not eligible for the lottery.

So far, H-1B cap selection notices indicate a filing period for petitions from April 1 to June 30, 2022. Accordingly, employers may submit petitions for beneficiaries selected in the lottery starting April 1, 2022. The petition filing period will end no earlier than 90 days thereafter.

If a registration was not selected in this lottery, it will be held in the system and remain in consideration for selection in the event that USCIS does not receive by June 30 a sufficient number of H-1B cap petitions to meet the annual limit of 85,000. As it has done in the past, USCIS may conduct additional lottery selections later in the year.

Please contact our office if you have any questions about the H-1B cap registration or selection process.

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