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USCIS Opens H-1B Cap Registration

    Client Alerts
  • March 01, 2023

U.S. Citizenship and Immigration Services (USCIS) began accepting electronic registrations for H-1B candidates, subject to the annual quota, beginning at noon Eastern on March 1, 2023. The registration period will run through noon Eastern on March 17, 2023.

The H-1B is a temporary visa category that allows employers to petition for highly educated foreign professionals to work in specialty occupations that require at least a bachelor’s degree or the equivalent.

New H-1B petitions are subject to a yearly numerical quota or cap of 65,000 H-1B visas, with an additional 20,000 visas reserved for employees with a U.S. master's or doctorate degree. Because demand for H-1Bs far outpaces the supply of available visas, the immigration authorities (USCIS) conduct a random selection process or lottery.

The Rules of the Lottery Registration

  • Employers are required to use a myUSCIS online account to register each employee electronically for the lottery.
  • Employers will use a registrant account. Employers have been able to create new registrant accounts beginning at noon Eastern on February 21, 2023.
  • Employers may submit only one registration per employee. If USCIS detects multiple registrations for the same employee, it will discard all registrations for that individual.
  • Employers must provide basic information about the company and the employee.
  • Employers must pay a $10 registration fee per registered candidate.
  • USCIS intends to notify employers of any selected registrants by March 31, 2023.
  • Employers may only submit H-1B petitions for cap-subject employees selected in the H-1B registration process. Selection in the H-1B registration process does not guarantee approval of the H-1B petition.

Moving Forward
We strongly recommend that all employers identify whether they have any employees that will require an H-1B and, if so, immediately prepare to register those candidates for the lottery on March 1, 2023. Once the FY2024 H-1B Lottery closes at noon Eastern on March 17, 2023, H-1B cap subject foreign nationals will not be able to participate again until 2024. Please contact your Parker Poe attorney for additional details or to discuss whether the H-1B is feasible for your workforce.