In its new press release dated Aug 23, 2022, USCIS clearly expressed that it has received sufficient petitions to fulfill the congressionally defined mandate of 85000 new H-1B visas to be allocated for the 2023 fiscal year. We all know that this 85000 number includes 65000 that fall under the regular cap, and the rest of the 20000 are those with U.S advance degree exemptions, also known as the master’s cap.


In an earlier update on the H1B cap electronic registration, USCIS had already signaled that the 2023 e-registrations were well received compared with 2022. The fiscal year 2023 saw 483,927 registrations, whereas, in 2022, the number was 308,619, and the initial selection number for 2023 was 127,600, whereas the same was just 87,500 in 2022 with the highest satisfaction score of 4.84 out of 5.

Instructions from USCIS in the new notification

As per the Aug 23 press release by USCIS, they have already sent non-selection notifications to registrants’ online accounts, which fall under cap guidelines. The accounts with non-selected notifications will show the status as:

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

On the other hand, for cap-exempt cases, USCIS will continue to accept and process petitions. In contrast, petitions for current H1-B workers already counted against the cap still retain their cap numbers and are exempt from FY 2023 cap. The USCIS will continue to accept and process petitions filed for existing H1-B workers to:

  • Extend the time a current H1-B worker may remain in the United States.
  • Change the terms of employment for current H1-B workers.
  • Allow current H1-B workers to change employers; and
  • Allow current H1-B workers to work concurrently in additional H1-B positions.

H1-B is one of the best alternatives for hiring talents for job titles and descriptions, which fall under the specialty occupation, as defined in the new SOC code 2018 guidelines. The Law Offices of Prashanthi are already they to support. Still, suppose you missed the current season or have unselected registration under the 2023 H1-B lottery, there are alternatives to consider, and we are happy to initiate a discussion around them.

Published On: August 26th, 2022 / Categories: H-1B Visa /

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