USCIS Reaches Fiscal Year 2023 H-1B Cap

August 24, 2022

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations. On August 23, 2022, USCIS announced that it has reached the Fiscal Year 2023 H-1B Cap.

USCIS has now received a sufficient number of petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for Fiscal Year 2023.

USCIS has completed sending non-selection notifications to registrants’ online accounts.  The status for registrations properly submitted for Fiscal Year 2023 H-1B numerical allocations, but that were not selected, will now show as “Not selected – not eligible to file an H-1B cap petition based on this registration.”

USCIS will of course continue to accept and process H-1B petitions that are otherwise exempt from the cap.  These include petitions filed on behalf of current H-1B workers for extensions of time and changes of employer.

Please contact the attorney at LHSCD working on your case if you have any questions about the Fiscal Year 2023 H-1B Cap and its application to your case.  Or, to schedule a consultation with one of our attorneys, please proceed to our Consultation Request Form .

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