Throughout the FY2023 H-1B cap season, ILBSG has reported on emerging trends and developments. We have continuously examined available data, looking at sample sizes and analyzing results in real-time to ensure the best strategies at every stage. As we close out 2022, we can now report on the firm’s overall results for the FY 2023 H-1B cap.

The data in this article has been compiled from hundreds of H-1B cap cases filed by ILBSG attorneys this year. These cases were filed on behalf of numerous companies, varying in size, geographic location, and industry.  All cases were filed between April 1 – June 30, 2022.

In total, 67% of the cases filed by ILBSG received a straight approval, meaning there were no further requests for evidence or inquiries from USCIS. 31% of the cases filed received a Request for Evidence (“RFE”), from which an additional 17% of the cases were approved after response. To date, 84% of the cases have received a final decision, with 16% still pending with USCIS. Of the cases which have received a decision, ILBSG is proud to report a 100% approval rating. We have received no denials to date. All cases which have a decision have an approved status

As mentioned in our earlier articles, this year’s lottery witnessed historic registration rates. For FY 2023, USCIS received 483,927 registrations. USCIS selected 127,600 of these registrations in a single selection round, which is about 26%. By comparison, USCIS received 308,613 registrations for FY 2022, selecting 131,980 cases over three selection rounds, which amounted to 42%.  This means that in 2022, the rate of selection significantly decreased, while demand increased by nearly 57%. The good news is that for those who were fortunate enough to be selected, approval ratings were also at an all-time high.

While RFE rates hovered around 30%, on par with previous years’ national trends, USCIS was generally favorable upon response. To date, ILBSG has received only approval notices following the RFE response for FY2023 H-1B submissions. There have been no denials or second RFEs issued, signaling an increasingly favorable adjudicatory climate at USCIS. More than half the cases which received RFEs have already been approved after response, while the rest remain pending.

Generally, there were no frivolous or unwarranted RFEs issued by USCIS for FY2023 H-1B submissions. Instead, RFEs were issued only for documentation that could be reasonably requested, such as proof of maintenance of status or education evaluations for foreign degrees. We did not see specialty occupations scrutinized as it has been in the past, which was a positive development. Work itinerary was not raised at all on RFE, as USCIS continues to abide by the holding in ITServe. USCIS no longer requests end-client letters or contracts as a routine practice, which has helped tremendously with the H-1B process. Overall, this year’s date serves as a positive sign that USCIS is treating H-1B petitions more favorably than in years past.

As we look to the FY 2024 H-1B cap, it is important to plan early to get the best results. We recommend carefully screening applicants in advance to ensure adequate qualifications. It is best to finalize your candidates early, to avoid last-minute registration. If selected, we advise filing the H-1B petition as early as possible, which will increase the likelihood of straight approval well before the 10/1 start date. Above all, we recommend working with an experienced immigration attorney at every stage, to ensure the smoothest H-1B cap season possible.

At ILBSG, we have vast experience preparing and filing H-1B petitions. Our experience allows us to examine trends and strategize to create the best possible approach going forward. The data is clear: our recommendations work. We can help get you the same results.

If you have questions about the upcoming H-1B cap or need assistance in strategizing to get the best possible outcome, reach out to an ILBSG attorney today.

FY2023 H-1B h-1b