On March 29, 2022, United States Citizenship and Immigration Services (“USCIS”) announced that the Service had received enough initial electronic registrations for the fiscal year 2023 (“FY23”) H-1B cap, including the advanced degree exemption (master’s cap). Consequently, the Service has notified all prospective petitioners whose registrations were randomly selected that they are eligible to file cap-subject H-1B petitions for the named beneficiary in the selected registration.
The online accounts of registrants will now display one of the following annotations for each registration:
Submitted – A registration was submitted and is eligible for selection. The registration remains eligible, unless subsequently invalidated, after the initial selection process has been completed, and remains valid for any subsequent selections for the fiscal year.
Selected – Registration was selected to file a cap-subject H-1B petition for FY23
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 beneficiary for FY23 are invalid.
Invalidated-Failed Payment – A registration was submitted, but the payment method used was declined, disputed, cancelled, or rejected after submission.
Beginning April 1, 2022, those with selected registrations will be given 90 days to file their H-1B cap-subject petition for FY2023. USCIS emphasizes that the Service will not use any pre-paid mailers to send out any communication to the registrants. Due to increased filing volumes and recognizing possible delays with the issuance of Form I-797 Receipt Notices for timely and properly filed H-1B petitions, USCIS notes that petitioners may use confirmations from the delivery service used to mail in their petitions as evidence of filing. Should more than thirty days pass after confirmation of delivery and the petitioner has not received Form I-797, the petitioner may then contact USCIS for assistance.