The Ficsal Year 2023 H-1B Cap Has Been Reached

Cap Has Been Reached for H-1B

Many employers hoped for another round of selections for H-1B visas for 2023. Unfortunately, that will not be happening. Some registrants have received notices of non-selection to their online accounts. The U.S. Citizenship and Immigration Services (USCIS) cannot send these notices out until it has determined it received a sufficient number of petitions for the regular cap and the advanced degree exemption. The H-1B traditional cap is 65,00, and the H-1B visa U.S. advanced degree exemption is 20,000.

The USCIS has stated that they finished sending non-selection notices to registrants’ online accounts. The non-selection notice will indicate that not selected registrations are ineligible to file an H-1B cap petition for registrations submitted correctly and not chosen.

The USCIS has stated that it will still accept and process petitions not subject to the cap. Petitions filed for current H-1B workers counted previously against the cap and still holding their cap number are exempt from the FY 2023 H-1B cap. The USCIS is still accepting, and processing petitions filed to:

  • “Extend the amount of time a current worker may remain in the United States;
  • Change the terms of employment for current  workers;
  • Allow current workers to change employers; and
  • Allow current workers to work concurrently in additional positions.”

The USCIS received 308,613 registrations last year, with three rounds of selections. Of these registrations, 131,970 petitions were eligible to meet the 85,000 limits. Last year’s first-round selected 87,000 registrations. However, during the first round this year, USCIS accepted 127,000 petitions from the 483,927 it had received. But, this was sufficient to meet the 85,000 total.

USCIS determines the number of cases to select by looking at historical data on the petitions filed post-selection and the forecasted number of denials. Unfortunately, the COVID-19 pandemic made it more difficult to predict the number of cases to select last year. However, this year proved more manageable, and the USCIS could make a reasonable prediction.

Employers that obtain an H-1B visa for their candidate will have to complete many complicated forms. One of the most complex and confusing forms is the Employment Eligibility Verification (Form I-9). However, an electronic I-9 management tool can make the process much easier. In addition, this tool can guide employers through the employment verification process and ensure hiring personnel know which documents are suitable to prove work authorization.

Our I-9 Compliance tool will help quickly verify your employment eligibility automatically.