By Chris Musillo

USCIS has announced that it has received more than 85,000 registrations during the registration period to reach the fiscal year (FY) 2023 H-1B cap. The annual H-1B limit is 85,000, which is the H-1B cap. Accordingly, the USCIS processed the H-1B lottery. Musillo Unkenholt has begun the process of notifying our clients who are H-1B lottery winners that they are eligible to file an H-1B cap-subject petition.

H-1B cap-subject petitions for FY 2023 may be filed with USCIS beginning April 1, 2022 through June 30, 2022.

Please keep in mind that “winning” the lottery does not guarantee an H-1B approval. Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still establish eligibility for petition approval at the time the petition is filed and through adjudication, based on existing statutory and regulatory requirements.

In past years, the USCIS has not received enough H-1B cap petitions during the April 1-June 30 period to meet the 85,000 H-1B annual limit. If this happens this year, USCIS will conduct subsequent lottery selections until it has approved 85,000 H-1B petitions.