H-1B Cap Season Begins, What to Expect

Dec 22, 2021 | Human Resources Services

At WR Immigration, we are committed to partnering with our clients so they can stay ahead of the curve on the H-1B process. Our goal is to make immigration easier for you and to streamline your global mobility program. As a part of this commitment, we are constantly adding to our client resources, including our H-1B resources page, to help you stay informed.

Not a current client? Here are top reasons to invite us to your next RFP.

FY 2023 H-1B Cap Season Begins – What is Different?

The third round of selections for Fiscal Year 2022 is complete. It is now time for HR professionals to turn their attention to the Fiscal Year 2023 (FY 2023) cap H-1B season to secure H-1B visas for their employees and new hires for an October 1, 2022, start date.

After several months of uncertainty regarding proposed changes to the H-1B visa program, there is now clarity that the cap H-1B process would look similar to past years.  Recently, a federal court struck down the Department of Homeland Security’s (DHS’s) new regulations for a wage-based selection system, which would have prioritized selection of the most highly paid positions. DHS is withdrawing those regulations. Stay tuned, as DHS may still propose additional changes to the H-1B program in 2022.

For more details, check back soon to see WR Immigration’s post on this and other upcoming H-1B regulatory activity. (Link coming soon.)

The Randomized H-1B Lottery Selection Process

For FY 2023, the regulations for a randomized lottery will remain in place. There are 65,000 visas for the “regular cap” and an additional 20,000 visas for the “master’s cap,” giving individuals with advanced U.S. degrees two chances for a selection.

Employers enter individuals into the lottery online via an electronic registration process. USCIS conducts an electronic randomized lottery and in late March, employers will receive notification on who was selected. Employers will have 90 days to file the H-1B petition, starting April 1, 2022. 

Timeline

While USCIS has not yet confirmed the exact dates, we expect registration to open in early March 2022 for a two-week period.  We encourage employers to initiate their FY 2023 cap cases now so that they can work with their WR attorneys to ensure the viability of the case and get ahead of any potential issues that might impact approvability.

Need more information on the online registration? Need a strategy for your company’s cap H-1Bs? Contact your WR Immigration attorney. Please also feel free to visit WR Immigration’s detailed walk-through.

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