The H1B cap season for 2022 starts from March 1, 2022, and the window would remain open till March 18. This new season is part of the USCIS yearly process of allocating new H1B numbers to people who were never on this status. One of the best opportunities for any US employer who wants to hire foreign nationals under the category. Since the number of H1B allowed at the end of the process is limited to a certain number, the season is also called H1B cap season. Post acceptance of the registration by the USCIS using an automated lottery process, the petitioner has to apply within 90 days to get visas allocated against specified beneficiaries.
Allotment of H1B visas
The maximum number of H1B visas allotted at the end of the whole process is 80000, defined under the H1B cap by USCIS. This magic number has two brackets; the first bracket of 60000 is suitable for hiring anybody who is generally qualified as per H1B guidelines. On the other hand, the second one is for hiring foreign nationals with a US master’s degree and being permitted under H1B guidelines is also called the advanced degree exemption.
Succeeding in 2023 H1B registration
As an employer, if you are hiring foreign nationals for different job roles under the H1B category for the first time, The first step is to make a proper judgement of whether a specific job profile falls under the H1B standards or not. As per USCIS guidelines, any job description that is part of a speciality occupation and requires educational degrees ( bachelors or above ) in a specific field to deliver the job qualifies under the H1B category.
The second step to succeed in the H1B registration process is to master the registering process. USCIS introduced the online process two years ago. The registration happens through the USCIS website https://my.uscis.gov/ we have to make sure the browser cookies are clear to avoid mishaps and then follow the below-given steps to complete the process :
Step 1: Signup with the USCIS website if you are doing it for the first time, or one can log in with their old credentials. One can do the signup process using an email id and password. If your account is an old one, prefer logging in beforehand to check whether the account is active or not to avoid missing the deadline.
Step 2: The following step involves setting up the verification process; one can use SMS or email as an option.
Step 3 Once you are inside the platform, you must follow a particular path based on the scenario. If one uses an attorney for the process, first select the option ” I am an H1B registrant” and then the option “Received a passcode from an attorney”. Then “Review/Accept G-28”-“I Accept the H-1B Registration” Click “Next” then “I Authorize” box has to be checked then “Sign and Finish ” and ‘Send’. To be successful, one should remember that you are supposed to register first before the attorney starts the process.
On the other hand, if one wants to register on their own, one can start by selecting the “Start the registration” option.
Step 4: This step is essential for registrants who prefer the DIY route. For this step, one needs to have the following information about the applicant & employer:
- The applicant’s full name includes the first name, middle and last or family name.
- Gender of the applicant
- The correct quota for registration. There are two types of quotas: the US Masters or H1B bachelors. In the case of US Masters, the applicant might not have completed the same but should do it before filing the petition.
- Passport number of the applicant, though this information is optional, there is a chance of getting the registration rejected if two or multiple registrants have the same name.
- The employer’s information includes the company’s name, DBA, employment identification number, and FEIN number.
Once you have the above information, fill in all the details in the registration form to complete the registration.
Being successful with the 2023 H1B registration requires painstaking effort and one should avoid missing out on any information about the applicant as the same would increase the chances of rejection. Another thing to keep in mind, filling out the LCA is not necessary before the registration is accepted. The information input during the registration is not editable after it is submitted, so please recheck every information before registration.
The Law Offices of Prashanthi Reddy team has experience handling multiple cap seasons and working in the field of employment-based immigration for the last 15 years. Reach us any time for your 2023 H1B cap registration.