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USCIS Has Reached Fiscal Year 2023 H-1B Cap

By Alexander Castrodale and Adam Teets
August 24, 2022
  • H-1B
  • Immigration
  • United States
  • United States Immigration
  • USCIS
  • Visa
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On August 23, 2022, USCIS announced that it has received a sufficient number of petitions to reach the statutory 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption for fiscal year 2023. As such, USCIS has updated registrant online accounts (MyUSCIS.gov) to indicate a change in fiscal year 2023 H-1B cap registrations status from “Submitted” to “Not Selected.”

Although the fiscal year 2023 H-1B cap has been reached, USCIS will continue to accept and process petitions that are otherwise exempt from the cap, including petitions 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.

If you suspect that you have a case which meets one of the above cap-exempt situations, we encourage you to notify your Dentons Cohen & Grigsby Immigration partner for further analysis.

As this concludes the fiscal year 2023 H-1B cap lottery, we now begin to look forward to the fiscal year 2024 H-1B cap lottery, which we anticipate taking place in March 2023. As always, we encourage all those interested in the H-1B lottery to begin the applicant identification process as early as possible.

Please contact your Dentons immigration lawyer if you have any questions regarding the above.

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H-1B, Immigration, USCIS
Alexander Castrodale

About Alexander Castrodale

Alex is the Chair of the Immigration Group and focuses on employment-based immigration, including temporary and permanent visas, family-based immigration, naturalization and exclusion/deportation defense. He gained an insider's perspective of all facets of immigration law by working for the U.S. Department of Justice and traveling extensively around the world.

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Adam Teets

Adam Teets

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