USCIS reaches fiscal year 2023 H-1B cap

Photograph of a U.S. Department of Homeland Security .Immigration agency will continue to accept and process petitions that are otherwise exempt from the cap

US Citizenship and Immigration Services (USCIS) has received a sufficient number of petitions needed to reach the congressionally mandated caps for fiscal year (FY) 2023 for H-1B visa coveted by Indian professionals.

This includes 65,000 H-1B visa regular cap and the 20,000 H-1B visa US advanced degree exemption, known as the master’s cap, the immigration agency announced Tuesday.

Read: H-1B initial electronic registration selection for FY 2023 completed (March 30, 2022)

In recent years, Indian professionals have been getting more than 70% of H-1B visas used by US businesses to employ foreign workers in specialty occupations.

USCIS said it has 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.

The immigration agency said it will continue to accept and process petitions that are otherwise exempt from the cap. 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.

Read: USCIS Reaches Fiscal Year 2023 H-1B Cap (August 23, 2022)

USCIS will also continue to accept and process petitions filed to:

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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