United States Citizenship & Immigration Services (USCIS) has announced that new, cap-subject H-1B registrations may be submitted from March 1, 2023 through March 17, 2023. This is the only time during the year that cap-subject employers can apply for a new H-1B classification for an employee. We expect the demand for H-1B visas to remain high this year due to numerous factors, including staffing challenges across industries.
This is the fourth year that USCIS is utilizing the electronic “registration” process for H-1B petitioners. Under this system, employers who would like to file an H-1B cap-subject petition for the fiscal year 2024 cap (a start date of October 1, 2023) must first electronically register and pay a $10 H-1B registration fee. This initial registration requires basic information about the company and each requested worker. A random selection process will then take place, and petitioners will be notified if they have been selected to file H-1B petitions on behalf of the worker. USCIS expects to notify selected registrants by March 31, 2023.
The number of available new H-1B petitions is capped at 65,000 per fiscal year (“regular cap”), with an additional 20,000 slots available to foreign nationals holding advanced degrees (master’s degrees or higher) from U.S. institutions. For the last several years, USCIS received significantly more petitions than this cap, resulting in a lottery. To ensure that H-1B beneficiaries are included within the random selection process, we recommend that employers make hiring decisions for foreign national workers and job applicants as soon as possible. Most employees in F-1 (student) status need new H-1B petitions filed on their behalf in order to transition to H-1B employment and avoid gaps in employment authorization. We also recommend H-1B status for employees in E-2, O-1, or TN status who want to pursue permanent residence status in the United States.
The H-1B cap applies to employees who have never been counted against the cap. Most individuals who currently hold H-1B status, whether with you or another employer, need not worry about the annual H-1B cap. The H-1B cap also does not apply to employees of (i) colleges and universities; (ii) nonprofit organizations related to or affiliated with a nonprofit college or university; or (iii) nonprofit or governmental research organizations.
Please notify us of any employees who may need new H-1Bs as soon as possible to allow sufficient time for registration filings.
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Preview Attorney's BiographyKelly helps employers of all sizes meet their staffing needs by handling the immigration issues they face in hiring foreign nationals and moving employees around the globe. A partner in the firm’s Labor & Employment Relations Practice Group and Co-chair of the immigration practice, she handles compliance issues for corporations that transfer dozens of employees into and out of the United States each year, as well as small companies seeking to bring in a few key hires from abroad.
Preview Attorney's BiographyKelly assists employers with administrative law matters, focusing her practice primarily on employment-based immigration. She regularly helps clients meet critical staffing needs by obtaining nonimmigrant status for foreign workers and securing and maintaining legal permanent residence for foreign nationals.