Greenspoon Marder Immigration Alert: It Is That Time of the Year Again: H-1B Cap Season for FY 2023 Has Begun

Immigration Blog Jan 24, 2022

Once again, it is time to start preparing for the H-1B Cap season. USCIS is expected to continue to use its electronic registration process for the fiscal year (FY) 2023 season. The registration period will run in March 2022 for a minimum of 14 calendar days. We encourage clients to begin preparing now as we expect the number of registration to greatly exceed the number of cap-subject H-1B visas available.

Although USCIS has yet to issue an update on this year’s H-1B cap season, we do not expect any major changes and the selection process to remain unchanged. Here is an overview of the registration process:

H-1B Employers must create an on-line account with USCIS to process the registration. We highly recommend that this process is completed in February.
H-1B employers intending to sponsor cap subject H-1B workers will first electronically register through the on-line account for each intended employee during the registration period.
All registrations require a $10 non-refundable registration fee.
An employer may only submit one registration per intended beneficiary in any fiscal year. If an employer registers a beneficiary more than once in the same fiscal year, all registrations submitted by that employer for that beneficiary will be invalidated.
If the number of registrations exceeds the number of H-1B visas available under the annual quota, USCIS will randomly select a sufficient number of registrants projected to reach the FY2023 H-1B cap.
After the first round of selection, Employers will have 90 days during which to file H-1B cap petitions for the selected registrants. The petition filing period is expected to start no later than April 1, 2022.
If by the end of the first filing period, USCIS has not received enough petitions to reach the annual cap, they may have subsequent filing periods until all the visa numbers are allocated.

Please reach out to your Greenspoon Marder LLP Immigration & Naturalization Practice Group attorney for any questions or concerns. Click here to stay updated on our weekly alerts.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 240 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has upheld a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

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This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

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Greenspoon Marder Immigration Alert: It Is That Time of the Year Again: H-1B Cap Season for FY 2023 Has Begun

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