Understanding Everything About H1B Visa Cap 2023

Another H1B Cap filing season has ended!

The H1B Visa Cap 2023 filing season ended quickly after USCIS announced that it had received enough registrations to meet the H1B yearly Cap during the initial H-1B cap registration period, which began on March 1, 2022 and ended on March 18, 2022.

Both H1B companies and H1B hopefuls were left wondering what their next steps should be.

H1B Visa Cap 2023 – What Really Happened?

Let us take a look at some of the notable highlights of the H1B Visa Cap 2023 filing season, and the best way forward for employers and H1B workers whose H1B 2023 registrations were not selected in the H1B lottery 2023.

On April 1, 2022, USCIS began accepting H1B cap petitions based on H1B cap registrations selected in the FY 2023 H1B lottery.

1. H1B Cap 2023 Filing Period: How Long Was It?

On March 1, 2022, USCIS began collecting H1B cap registrations for the FY 2023 H1B Cap.

The registration period was only open from March 1 to March 18, 2022. On March 29, 2022, USCIS declared that it had received enough H1B registrations to meet the H1B Cap for 2023. It also stated that it had reached the 20,000 H1B registration limit for advanced degree exemptions.

Compare Your H-1B Lottery Results With Peers, And Improve Your Approvals
Let’s look at one of the representative companies VisaPro Attorneys have helped during a previous H-1B lottery.

By examining the H-1B lottery results from various companies, you can improve your FY 2024 H-1B lottery selection and approvals.

H-1B Cap Filing Scenario

In this scenario, there were numerous factors that are generally recognized to be unfavorable for H-1B approvals:

• The petitioner is in the business of IT consulting.
• The petitioner is a small business with less than 10 employees.
• All the beneficiaries were from outside U.S. – no Master’s Quota.
• All the beneficiaries were located in India.
• All the beneficiaries were going to different clients across the country.
• All the beneficiaries were going to work only at client locations.

H-1B Cap Filing Outcome

In this scenario, there were numerous factors that are generally recognized to be unfavorable for H-1B approvals:

• Number of H-1B petitions filed: 17.
• Number of H-1B petitions selected in the lottery: 10.
• Number of H-1B petitions that received RFE: 0.
• Number of H-1B petitions approved: 10.

2. H1B Visa 2023 Petitions: How Many Were Filed?

During the inaugural H-1B cap registration period between March 1 and March 18, 2022, USCIS received 483,927 H1B registrations pursuant to the FY 2023 H1B Cap. This total included registrations for the 20,000 advanced degree (master’s degree or higher) exemption.

DID YOU KNOW?

During each of the last 5 years, both the H-1B Regular Cap and Master’s Cap were reached within the mandatory initial filing period.

3. H1B Visa Lottery 2023: When Was It Conducted?

At the completion of the initial H-1B cap registration period, which ended on March 18, 2022, USCIS executed a computer-generated random selection process, known as the H1B lottery.

Petitioners whose registrations were chosen in the H-1B lottery began filing H-1B cap-subject petitions for FY 2023 on April 1, 2022.

4. H1B Registrations Selected: When Are You Informed?

Employers are prohibited from filing multiple H1B Cap registrations for the same employee. USCIS will deny multiple registrations filed by a single employer for the same H1B worker.

WHAT NEXT?

Employers and H1B candidates unsuccessful in the H1B visa FY 2023 lottery will not have a chance to file new H1B until March 2023, and have to look for alternative U.S. work visa options.

After the H1B Visa Cap is surpassed, VisaPro specializes in implementing tailored plans. We have successfully handled H1B alternatives for a wide range of clients, from start-ups to major corporations.

Contact VisaPro Law Firm immediately for a FREE Consultation on H1B Alternatives. We’ll go over your priorities and make recommendations based on our attorneys’ near-perfect success rate.