In total, around 484,000 H-1B electronic registrations were submitted and 127,600 were selected in the lottery in March of 2022. Those selected were invited to submit complete H-1B petitions. USCIS selects a buffer number of extra registrations to account for those who opt to not submit petitions and those whose applications are denied. Last year, there were three rounds of H-1B lotteries to solicit enough completed petitions to reach the annual H-1B cap. This lead many to anticipate a second lottery this year.
On August 23, 2022, USCIS officially announced that there will be no second lottery for FY2023 H-1B cap-subject visas. All 65,000 regular and 20,000 advanced degree visas have been awarded, and applicants not selected will have to wait until next year.
However, non-cap subject H-1B petitions are still being received and approved. If you, or if your employee or client is in one of these situations that apply to both cap-subject and cap-exempt initial petitions, you don’t have to worry about a lottery:
- H-1B transfers wherein the beneficiary changes employers
- H-1B extensions wherein the beneficiary extends their visa beyond the three-year period or based on a Green Card situation
- H-1B amendments regarding employment terms or duties changes
- H-1B concurrent employment.
Beneficiaries with advanced degrees working in specialty occupations for the following employer entities are also cap-exempt:
- Institutions of higher education
- Nonprofit research organizations
- Government research organizations
- Nonprofit entities affiliated with or related to an institution of higher education.
If you, or if your employee or client is not subject the H-1B cap, you will still need to prove that all H-1B eligibility requirements are met to ensure you don’t run into any approval issues that impact the employee start date, or the beneficiary’s ability to remain in and work in the United States.
Let us review your case for free before you file. Visit www.ccifree.com and we will respond in 4 hours or less.
Sheila Danzig is the director of CCI TheDegreePeople.com. Sheila specializes in overturning RFEs and Denials for work visas.