By: Gurshaan Chattha
United States Citizenship and Immigration Services (USCIS) has completed its first-round selection process for the fiscal year (FY) 2023 H-1B cap lottery. Employers may submit petitions for beneficiaries selected in the lottery starting April 1, 2022. Petitions may be filed for selected individuals only.
So far, H-1B cap selection notices indicate a filing period for petitions from April 1 to June 30, 2022. If USCIS does not receive enough petitions to reach its annual limit of 85,000, it may run an additional lottery selection for FY 2023. USCIS has conducted more than one lottery for each of the two prior fiscal years, FY 2022 and FY 2021.
checking your beneficiary’s selection status
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, employers and their attorneys should log into their myUSCIS account and check their notifications. Registration statuses may include:
- Selected: The beneficiary was selected in the FY 2023 lottery. Employers must submit H-1B petitions for selected beneficiaries by June 30, 2022 at the earliest.
- Submitted: The applicant was not selected in the lottery, but their case remains open. If USCIS does not receive enough applicants to fill the FY 2023 cap, it will include these petitions in a future lottery selection.
- Not Selected: USCIS did not select the individual in the FY 2023 lottery, and there are no additional spaces left. The beneficiary will not be considered again for this cap season.
- Denied: Because a duplicate registration was submitted for the beneficiary, they are not eligible for the lottery.
- Invalidated: Failed Payment: The registration payment method failed, so the beneficiary is not eligible for the lottery.
Filing an h-1b petition
Employers must file an H-1B cap-subject petition for each selected beneficiary within the filing period listed on their registration selection notice. Filing periods are at least 90 days. H-1B petitions must be filed by mail with a printed copy of the registration selection notice from USCIS included in the mailing.
For selected beneficiaries that are working on optional practical training (OPT) while on an F-1 student visa and need cap-gap protection, employers must file the petition before the applicant’s OPT employment authorization document expires. If the beneficiary is awaiting completion of a degree required for the H-1B position, employers must not file their petition until after the degree is issued or the beneficiary has school-issued documentation that the degree’s requirements are complete.
Employers should work closely with their trusted immigration professional to establish their beneficiary’s eligibility for the H-1B visa in the petition.
The Chugh, LLP immigration team will continue to provide updates as the H-1B FY 2023 cap season progresses. For help applying for an H-1B visa or accessing a myUSCIS account, contact your trusted immigration professional.