USCIS Reaches Fiscal Year 2023 H-1B Cap

Authored by:

Shama Merchant Poonja Headshot

CEO & Managing Attorney

Shama Merchant Poonja

As a first generation American, Ms. Poonja is committed to the field of immigration law. Since 2013, Ms. Poonja has been representing corporate and individual clients on a wide variety of business and family immigration law matters.

Reviewed by:

Sejal Parikh Headshot

Senior Attorney

Sejal Parikh

Ms. Parikh’s experience in business immigration includes representing employers of all sizes in various industry verticals, from Fortune 500 multinational corporations to emerging growth companies, startups, and large consulting companies. She provides expertise across a wide range of employment-based cases, focusing on both nonimmigrant and immigrant petitions.

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On August 23, 2022, the USCIS has stated they have received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2023.

They have completed sending non-selection notifications to registrants’ online accounts. The status for registrations properly submitted for the FY 2023 H-1B numerical allocations, but that were not selected, will now show:

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

Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2023 H-1B cap. This includes cases like:

  • Extend the amount of time a current H-1B worker may remain in the United States;
  • Change the terms of employment for current H-1B workers;
  • Allow current H-1B workers to change employers; and
  • Allow current H-1B workers to work concurrently in additional H-1B positions.
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