The U.S. Citizenship and Immigration Services (USCIS) received adequate petitions to reach the congressionally mandated 65,000 H-1B visa regular cap. In addition, the USCIS reached the 20,000 H-1B visa U.S. advanced degree exemption, the master’s cap, for the fiscal year (FY) 2023. This is set to begin October 1st, 2022. To account for employers who do not follow through with the petition process or were denied, rejected, or withdrawn, additional petitions are typically selected.
An H-1B visa is a nonimmigrant classification that applies to individuals who wish to perform services in a specialty occupation, services of exceptional merit, and ability relating to a Department of Defense (DOD) cooperative research and development, or services as a fashion model of distinguished merit or ability.
The USCIS has completed sending non-selection notifications to registrants’ online accounts. H-1B registrations that were submitted correctly for FY 2023 but were not selected will appear as:
- Not selected: Not selected - not eligible to file an H-1B cap petition based on this registration
They will also continue to accept and process petitions exempt from the cap. Current H-1B workers whose cap number hasn’t expired but who were previously counted against the cap are exempt from the FY 2023 H-1B cap. The USCIS will continue to accept, and process petitions filed to:
- Extend the time a current H-1B worker may remain in the U.S.
- Change the terms of employment for current H-1B workers
- Allow current H-1B workers to change employers
- Allow current H-1B workers to work concurrently in additional H-1B positions
Employers can register foreign workers who weren’t selected for an H-1B visa when the FY 2024 cap season begins in the spring of 2023.
GMS Is Here To Help
GMS helps you stay up to date on all policies. In addition, our experts provide you with general guidance and advice about Visa questions and concerns, ensuring compliance while hiring employees from another country. While the H-1B visa cap for FY 2023 has been reached, let GMS assist with your application for FY 2024. Contact us today.