HB-1 Visa Electronic Visa Selection Complete for FY 2023

U.S. Citizenship and Immigration Services (USCIS) has received a sufficient number of electronic H-1B registrations during the initial registration period to reach the fiscal year (FY) 2023 H-1B numerical allocations, also known as the H-1B cap. This allocation includes the advanced degree exemption or master’s cap.

Status of the H-1B Section Process

USCIS randomly selected petitioners who have properly filed electronic registrations and advised them that they are eligible to file H-1B cap-subject petitions for the beneficiaries named in their selected registrations. Since USCIS now has completed the selection process, online accounts for each registrant will show one of the following statuses for each beneficiary registered:

• Submitted – The registration was successfully submitted and remains eligible for selection in any subsequent selections for the fiscal year unless later invalidated.
• Selected – USCIS has selected the registration to file an H-1B cap petition.
• Denied – Multiple registrations were submitted by the same registrant for the same beneficiary, so USCIS denied the registration as a duplicate.
• Invalidated-Failed Payment – The individual submitted the registration, but the payment method was declined, rejected, disputed, or canceled after submission.

Submitting H-1B Cap Petitions

USCIS authorized petitioners to begin filing their H-1B cap-subject petitions for FY 2023 on April 1, 2022, based on the validly selected electronic registrations. Accordingly, petitioners are limited to filing petitions for the beneficiaries named in the selected registration notices.

Petitioners must file their H-1B cap-subject petitions according to the following guidelines:

• File with the correct service center
• File within the filing period indicated on the registration selection notice, which will be at least 90 days
• No online filing is available
• Must include a printed copy of the applicable registration selection notice with the petition
• Must establish eligibility for petition approval at the time the petition is filed and through adjudication

Communication with USCIS

USCIS announced that it would not use prepaid mailers to send out any communications or final notices of FY 2023 cap-subject H-1B petitions. Instead, approval notices for H-1B cap-subject petitions are automated and will occur via first-class mail.

Petitioners will receive a Form I-797, Notice of Action, from USCIS upon receipt of their petition. However, high filing volumes during the H-1B cap filing season may cause delays in receiving receipts. Therefore, petitioners should not submit second petitions if they have confirmation from the delivery service that it delivered their initial petitions, but they have not yet received their Forms I-797. Otherwise, USCIS will consider these to be duplicate petitions and will deny or revoke both petitions.

If the petitioner submits a petition and does not receive a Form I-797 more than 30 days after receiving confirmation from the delivery service, the petitioner may contact the USCIS Contact Center for further assistance. However, if the petitioner receives notice from the delivery service or their tracking information suggests a delay, damage, or misrouting of the packet, they should follow the Delivery Service Error Guidance on the USCIS H-1B Cap Season webpage.

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