Selected individuals may start filing H-1B cap-subject petitions for FY 2023 starting April 1
With the US Citizenship and Immigration Services (USCIS) completing the H-1B initial electronic registration selection for FY 2023, it’s time for high skilled Indian professionals to start filing their petitions from April 1.
USCIS announced Tuesday that it had randomly selected enough applications from among the initial electric registrations to reach the fiscal year 2023 H-1B cap, including the advanced degree exemption (master’s cap).
In recent years, Indian professionals have been getting more than 70% of 85,000 H-1B visas issued annually to high skilled foreign workers, including 20,000 with advanced degrees from US institutions.
Read: USCIS reaches fiscal year 2022 H-1B Cap (March 2, 2022)
USCIS said it had notified all prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.
The Immigration agency said only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2023, including those petitions eligible for the advanced degree exemption, from April 1, 2022. The petitions should be only for the beneficiary named in the applicable selected registration notice.
An H-1B cap-subject petition must be properly filed with the correct service center and within the filing period indicated on the relevant registration selection notice.
The period for filing the H-1B cap-subject petition will be at least 90 days. Online filing is not yet available for H-1B petitions, so petitioners filing H-1B petitions must do so by paper.
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, USCIS said.
Selection in the registration process does not relieve the petitioner of submitting evidence or otherwise establishing eligibility, as registration only pertains to eligibility to file the H-1B cap-subject petition, it said.
USCIS said when it receives a timely and properly filed H-1B cap subject petition, the petitioner (and, if applicable, the petitioner’s legal representative) will be provided a Form I-797, Notice of Action, communicating receipt of the petition.
Read: H-1B applicants must be mindful about bar on multiple registration (March 3, 2022)
Due to increased filing volumes typically during H-1B cap filing periods, there are instances where a petition is timely and properly filed, but issuance of the Form I-797 is delayed, USCIS said.
If a petitioner has confirmation from the delivery service that the petition was delivered, but they have not yet received a Form I-797 confirming receipt of the petition, the petitioner should not submit a second petition.
If a petitioner has confirmation from the delivery service that the petition was delivered and they then submit a second petition, the petitioner will be considered to have submitted duplicate petitions. This will result in denial or revocation of both petitions, the agency warned.
If more than 30 days have passed since the confirmation of delivery and the petitioner has still not received a Form I-797, the petitioner may contact the USCIS Contact Center for assistance, it said.
Registrants’ online accounts will now show one of the four statuses — Submitted, Selected, Denied Invalidated or Failed Payment— for each registration.
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.
Read: FY2023 H-1B initial electronic registration selection process completed (March 30, 2022)
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, rejected, disputed, or cancelled after submission.
For more information, visit the H-1B Cap Season page.