U.S. Citizenship and Immigration Services (USCIS) announced sufficient petitions have been received to fill the FY2023 H-1B visa cap. Both the regular visa cap of 65,000 and the master’s cap of 20,000 are assumed to be filled with current filings.

Below is the full USCIS announcement:

USCIS has received a sufficient number of petitions needed 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 (FY) 2023.

We have completed sending non-selection notifications to registrants’ online accounts. The status for registrations properly submitted for the FY 2023 H-1B numerical allocations, but that were not selected, will now show:

  • Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration.

We will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2023 H-1B cap. We will continue to accept and process petitions filed to:

  • Extend the amount of time a current H-1B worker may remain in the United States;
  • Change the terms of employment for current H-1B workers;
  • Allow current H-1B workers to change employers; and
  • Allow current H-1B workers to work concurrently in additional H-1B positions.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations. We encourage H-1B petitioners to subscribe to the H-1B cap season email updates located on the H-1B Cap Season page.

End of USCIS announcement

If you have questions about your FY2023 H-1B petition or any other immigration-related issues, contact us at ILBSG. Our team of experienced attorneys works with our clients to ensure they get the right advice for their particular situations. See how we can help your organization, too.