USCIS Update on FY 2023 H-1B CAP Registration Process

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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In 2020, USCIS implemented an electronic registration process for the H-1B cap. The H-1B registration process was very popular and the number of registrations that were submitted by increased by more than 48,000 since last year, and about 31% of the registrations were for the ‘masters cap’.

The USCIS announced: “Per regulation, USCIS takes into account historical data related to approvals, denials, revocations, and other relevant factors to calculate the number of petitions needed to meet the H-1B cap for a given fiscal year. In making this calculation, they also consider the number of registrations that need to be selected in order to receive the projected number of petitions required to meet the numerical limitations. This calculation incorporates historical rates of non-filing for prospective petitioners whose registrations are selected but who do not file a petition based on those selected registrations.” This means that USCIS technically selected more than 85,000 selections and thereby initially selected 87,500 registrations in FY 2022 to meet their allocations.

For FY 2022, they received 308,613 H-1B registrations. They conducted a second selection in July 2021 of an additional 27,717 registrations due to low filing volume from the initial selection. They also conducted a third selection in November 2021 of an additional 16,753 registrations. This resulted in a total of 131,970 selected registrations for FY22.

For FY 2023, they received 483,927 H-1B registrations and initially selected 127,600 registrations projected as needed to reach the FY 2023 numerical allocations.

For more details on your specific H-1B registration or to work with us next year on the H-1B registration process, please reach out to our office.

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