By: Angelita Chavez

United States Citizenship and Immigration Services (USCIS) will open its initial H-1B cap registration period for fiscal year 2023 on March 1, 2022 at 12 PM Eastern Time (ET) through March 18, 2022 at 12 PM ET. During this period, petitioners and their representatives must submit online registrations for all their new H-1B beneficiaries online.

USCIS will select H-1B beneficiaries through a randomized lottery process. The agency will notify employers of selected registrations by March 31, 2022. H-1B petitions will be due for selected beneficiaries no earlier than June 30, 2022.

MANAGING MYUSCIS ONLINE ACCOUNTS

Petitioners must have a myUSCIS online account to submit an H-1B registration in the online portal. Employers with no myUSCIS account should wait to create their accounts until 12 PM ET on February 21, 2022.

Employers must have a myUSCIS account even if they are working with an attorney to file H-1B registrations on their behalf. Employers must create a separate myUSCIS account for each Employer Identification Number (EIN) organization that will sponsor H-1B beneficiaries.

SUBMITTING AN H-1B CAP REGISTRATION

When the registration period opens on March 1, 2022 at 12 PM ET, employers and their attorneys can begin to draft and submit cap registrations. No registrations will be accepted after Friday, March 18, 2022 at 12 PM ET.

It is possible to submit registrations for up to 250 beneficiaries during one registration submission. An employer can submit an unlimited number of registrations in total.

Employers should work closely with their immigration attorney to draft, review, and sign each H-1B cap registration.

H-1B CAP SELECTION PROCESS

If enough submissions are received, USCIS will begin randomly selecting H-1B registrations on March 18, 2022. The agency will send notifications to petitioners whose applicants are selected via email by March 31, 2022. Selected petitioners must log into their myUSCIS online account to review the status of each beneficiary.

USCIS will provide a selection notice that must be printed and included with the H-1B cap petition for selected beneficiaries. Selection notices are valid only for selected beneficiaries, and employers cannot substitute notices for any other beneficiary not listed on the notice.

FILING H-1B PETITIONS

Petitioners may submit H-1B cap-subject petitions only for selected beneficiaries from April 1, 2022 through no later than June 30, 2022.

H-1B cap petitions can be filed at any time during the open submission period. However, certain applicants’ visas may expire before the H-1B visa start date of October 1, 2022. Petitioners should file H-1B petitions for these applicants before their current visas expire to ensure they can take advantage of H-1B cap-gap benefits and continue to have valid work authorization.

NEXT STEPS

Employers should work closely with their immigration attorneys to gather all information for prospective H-1B registrations as soon as possible. All registrations must include the following information for each beneficiary:

• Full name.
• Gender.
• Date and country of birth.
• Country of citizenship.
• Passport number, if applicable.
• Advanced degree cap qualifications, if applicable.

CONCLUSION

The Chugh LLP, immigration team will continue to monitor announcements regarding the FY 2023 H-1B cap season and provide updates as they become available. Contact your Chugh, LLP immigration professional for further assistance.