A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

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Tuesday, March 29, 2022

Initial Selection of H-1B Cap Cases Completed for FY 2023


USCIS announced today that the first drawing of FY 2023 H-1B cap registrations is complete.  It has received sufficient electronic registrations by March 18 to reach the yearly cap limits, including both the regular cap and master cap.  All selection notices have been uploaded to the H-1B registration system.  The employer or case attorney may log in and check the case statuses, including the following: 

  • Selected: The case was selected to file an H-1B cap petition.  The best possible outcome. 
  • Submitted: The registration has been submitted and is valid. It is still pending for further selections later on.
  • Denied: The registration has been denied because multiple registrations were submitted for the same beneficiary by the same or related employer. 
  • Invalidated-Failed Payment: A registration was submitted, but the payment method was declined, rejected, disputed, or cancelled after submission.

A second drawing is expected due to the large number of registrations this year.

Submission of H-1B Petition
  • Starting 04/01/2022, selected registrants may submit H-1B cap-subject petitions for FY 2023 with USCIS. Parties have 90 days to submit the H-1B petitions.
  • Only petitioners with selected registrations may file H-1B cap-subject petitions, and only for the named beneficiary in the selected registration notice.
  • H-1B petition must be filed with the designated USCIS Service Center as indicated on the selection notice.
  • Submissions sent to the wrong Service Center may be rejected or denied.
  • Only paper petitions may be submitted. Electronic filing is not available for H-1B petitions.
  • Petitions must also be submitted based on the correct cap classification, i.e., regular cap or master cap.
  • Selection in the visa lottery does not guarantee approval. Petitioners must submit a timely, complete, and legally sufficient H-1B petition with the correct fees with USCIS.
  • Further, pre-paid mailer will not be allowed for document delivery.

Receipt Notice Delays Expected

USCIS also announced that due to the large volume of H-1B cap submissions during the initial submission window, issuance of filing receipts (I-797) notices are expected to be slow. Employers and employees should expect delays in getting filing receipt notices. If more than 30 days have passed since the confirmation of delivery and the petitioner has still not received a Form I-797, the petitioner may contact the USCIS Contact Center (800-375-5283) for assistance.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.) 

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