USCIS has announced that it has received more than 85,000 registrations during theregistration period to reach the fiscal year (FY) 2023 H-1B cap. The annual H-1B limit is 85,000, which is theH-1B cap. Accordingly, the USCISprocessed the H-1B lottery. MusilloUnkenholt has begun the process of notifying our clients who are H-1B lotterywinners that they are eligible to file an H-1B cap-subject petition.
H-1Bcap-subject petitions for FY 2023 may be filed with USCIS beginning April 1,2022 through June 30, 2022.
Please keepin mind that “winning” the lottery does not guarantee an H-1B approval. Petitioners filing H-1B cap-subjectpetitions, including those petitions eligible for the advanced degreeexemption, must still establish eligibility for petition approval at the timethe petition is filed and through adjudication, based on existing statutory andregulatory requirements.
In past years,the USCIS has not received enough H-1B cap petitions during the April 1-June 30period to meet the 85,000 H-1B annual limit. If this happens this year, USCIS will conduct subsequent lotteryselections until it has approved 85,000 H-1B petitions.