According to USCIS announcement dated January 28th, 2022, the initial registration period for the fiscal year 2023 H-1B CAP will open at noon Eastern on March 1, 2022 and run through noon Eastern on March 18, 2022. During this period, prospective petitioners and representatives will be able to complete and submit their registrations using USCIS online H-1B registration system.
USCIS will assign a confirmation number to each registration submitted for the FY 2023 H-1B CAP. This number is used solely to track registrations; you cannot use this number to track your case status in Case Status Online.
Prospective H-1B cap-subject petitioners or their representatives are required to use a my USCIS online account to register each beneficiary electronically for the selection process and pay the associated $10 H-1B registration fee for each registration submitted on behalf of each beneficiary. Prospective petitioners submitting their own registrations (U.S. employers and U.S. agents, collectively known as “registrants”) will use a “registrant” account. Registrants will be able to create new accounts beginning at noon Eastern on February 21, 2022.
Representatives may add clients to their accounts at any time, but both representatives and registrants must wait until March 1, 2022, to enter beneficiary information and submit the registration with the $10 fee. Prospective petitioners or their representatives will be able to submit registrations for multiple beneficiaries in a single online session. Through the account, they will be able to prepare, edit, and store draft registrations prior to final payment and submission of each registration.
Please note, If USCIS receives enough registrations by March 18, 2022, USCIS will randomly select registrations and send selection notifications via users’ my USCIS online accounts. USCIS intends to notify the account holders by March 31, 2022.
Also, a petitioner is only eligible to file an FY 2023 H-1B cap-subject petition if they electronically registered the beneficiary in the H-1B registration process, and USCIS selected the registration submitted for the beneficiary through the random selection process.
Please note, Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered):
- Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.
- Selected: Selected to file an H-1B cap petition.
- Denied: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.
- Invalidated-Failed Payment: A registration was submitted but the payment method was declined, not reconciled, or otherwise invalid.
A H-1B cap-subject petition must be filed within the period indicated on the relevant registration selection notice. This time around the Selection Notice also mentions the category under which the registration was selected. The period for filing the H-1B cap-subject petition will be at least 90 days. Please note, petitioners must include a printed copy of the applicable registration selection notice with the FY 2023 H-1B cap-subject petition. Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still establish eligibility for petition approval at the time the petition is filed and through adjudication, based on existing statutory and regulatory requirements. Selection in the registration process does not relieve the petitioner from submitting evidence or otherwise establishing eligibility, as registration only pertains to eligibility to file the H-1B cap-subject petition.
We will regularly update the blog as soon as any new information is available.
Disclaimer
This article aims to provide new information concerning H-1B CAP FY 2023. This article, under no circumstances, acts as legal advice; therefore, for any further case-specific question, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).
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