This Week in Immigration News: H-1B FY 2023 Selections Completed!


We kick off the start of a brand-new week with the latest in the world of immigration. This week we are excited to announce new H-1B FY 2023 cap season updates — the lottery is now complete!

H-1B Fiscal Year 2023 Season Updates

As our readers will know, the mandatory electronic registration period for the H-1B fiscal year 2023 season kicked off on March 1, 2022, and ended on March 18, 2022.

We had expected USCIS to notify all H-1B petitioners of selection by April 1st (the earliest date when H-1B cap-subject petitions for FY 2023 can be filed). However, news of selection came much quicker.

On March 29, 2022, USCIS announced that the H-1B FY 2023 cap was reached, and that enough registrations were also received for the advanced degree exemption (U.S. master’s cap). From these registrations, USCIS selected petitioners at random to be eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.

Petitioners will need to login to their USCIS online accounts to check the status of their registration.

If you were not selected in the FY 2023 cap the following status will be shown in your online account:

  • Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration.

If you were one of the lucky winners of the FY 2023 cap the following status will be shown:

  • Selected: Selected to file an H-1B cap petition.

Selected Petitioners

Petitioners who were selected in the FY 2023 H-1B lottery are eligible to file their H-1B petition with USCIS beginning April 1, 2022. Petitioners will be required to include a printed copy of the applicable registration selection notice with the FY 2023 H-1B cap-subject petition.

Remember that being selected in the FY 2023 H-1B lottery does not mean that the beneficiary will be issued a visa. The burden of proving that the beneficiary meets the eligibility criteria remains on the petitioning entity. A selected registration only makes the petitioner eligible to file the H-1B cap-subject petition. It does not entitle the beneficiary to be issued a visa.

Please note that H-1B cap-subject petitions must also be properly filed with the correct service center within the filing period indicated on the registration selection notice. Online filing is not yet available for H-1B petitions; therefore you must be prepared to file a paper application by mail.

Weren’t selected in the FY 2023 lottery? Do not lose faith. We invite you to contact our office to determine what other visa options may be right for you.

If you are in this situation, we have just the blog post for you, Plan B: Alternatives to the H-1B Visa.

Helpful Links


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