
Country / Territory
Related content
Related content
At a glance
- USCIS today announced that it has received enough H-1B cap petitions to fill the 85,000 slots available for the coming fiscal year, which begins October 1.
- In March of this year, USCIS selected 127,600 cap registrations to meet the quota, or approximately 26% of the total number of registrations received. Employers had until June 30, 2022 to submit petitions for registrants selected in the lottery.
- The agency will not run a second cap lottery for H-1B employment in FY 2023.
A closer look
USCIS has received enough petitions to meet the annual H-1B quota of 85,000 for Fiscal Year 2023, according to an announcement issued today. In recent days, sponsoring employers began to receive USCIS notices indicating that the status of remaining FY 2023 registrations in the H-1B cap online system had moved from “submitted” to “not selected.”
The announcement means that USCIS will not conduct a second cap lottery for H-1B employment in FY 2023. In March, employers submitted 483,927 registrations for the FY 2023 quota, an increase of approximately 57% over the prior year. USCIS selected 127,600 of these registrations to meet the quota, or approximately 26% of the total. USCIS typically selects more petitions than are needed to meet the annual H-1B quota, to account for selected registrations for which no petition is ultimately filed, as well as cases that are denied, rejected, withdrawn, or revoked.
During the FY 2022 cap season, USCIS received registrations on behalf of 308,613 foreign nationals and selected a total of 131,970, for an overall selection rate near 42%. To reach this number, the agency conducted three lottery drawings between March and November 2021. In FY 2021, the agency ran two lottery drawings to reach the cap.
What this means for employers and foreign nationals
The USCIS announcement means that there are no further opportunities for cap-subject H-1B employment in FY 2023, though USCIS continues to accept petitions for employment that is not subject to the cap, including extensions of stay, changes of employer, amended petitions, and employment that is exempt from the annual quota.
Foreign nationals whose registrations were not selected can be re-registered by a sponsoring employer when the FY 2024 cap season begins in Spring 2023. Unselected registrations are not automatically carried over to the next fiscal year.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
Country / Territory
Related content
Related content
Explore more at Fragomen
Media mentions
Video
Manager Mihaela Dumitru highlights key considerations for business travelers entering Switzerland, emphasizing that compliance is determined by activities—not duration of stay or entry status.
Video
Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Mexico entry requirements for the 2026 FIFA World Cup, including visa processes, documentation requirements and key considerations for travelers.
Video
Partner Diana Quintas highlights Brazil’s offshore visa requirements, including eligibility, application steps and key compliance considerations for assignments over 90 days.
Media mentions
Senior Counsel Mitch Wexler discusses why EB-5 is becoming a popular option for H-1B and F-1 visa holders in Silicon Valley navigating multiple pathways to permanent residence.
Media mentions
Partner Isha Atassi and Director Nofisatu Mojidi discuss key considerations for investors from Africa and the Middle East in the EB-5 program.
Work authorization
Senior Manager Katharina Vorländer examines how Germany’s strictly territorial migration and employment laws impact the deployment of third‑country nationals in offshore wind projects, highlighting compliance risks arising from maritime zone boundaries, work authorization limits and Schengen documentation challenges.
Work authorization
Senior Associate Tugba Ozyakup and Senior Immigration Manager Andreia Ghimis explore how the EU’s Entry/Exit System is reshaping Schengen overstay enforcement, the risks facing travellers and employers and the legal remedies available to challenge or prevent adverse outcomes.
Video
Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Canada’s entry requirements for the 2026 FIFA World Cup, including visa-required and visa-exempt nationals, visitor entry rules and key planning considerations for fans, teams, media and volunteers.
Media mentions
Partner Kevin Miner discusses the DOL’s proposed H-1B wage rule and its potential to add significant unplanned costs for US employers.
Media mentions
Video
Senior Associate Isabel Schnitzler highlights key pathways to German citizenship, including descent-based eligibility and standard naturalization requirements and outlines important considerations for individuals exploring their options.
Media mentions
Video
Manager Mihaela Dumitru highlights key considerations for business travelers entering Switzerland, emphasizing that compliance is determined by activities—not duration of stay or entry status.
Video
Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Mexico entry requirements for the 2026 FIFA World Cup, including visa processes, documentation requirements and key considerations for travelers.
Video
Partner Diana Quintas highlights Brazil’s offshore visa requirements, including eligibility, application steps and key compliance considerations for assignments over 90 days.
Media mentions
Senior Counsel Mitch Wexler discusses why EB-5 is becoming a popular option for H-1B and F-1 visa holders in Silicon Valley navigating multiple pathways to permanent residence.
Media mentions
Partner Isha Atassi and Director Nofisatu Mojidi discuss key considerations for investors from Africa and the Middle East in the EB-5 program.
Work authorization
Senior Manager Katharina Vorländer examines how Germany’s strictly territorial migration and employment laws impact the deployment of third‑country nationals in offshore wind projects, highlighting compliance risks arising from maritime zone boundaries, work authorization limits and Schengen documentation challenges.
Work authorization
Senior Associate Tugba Ozyakup and Senior Immigration Manager Andreia Ghimis explore how the EU’s Entry/Exit System is reshaping Schengen overstay enforcement, the risks facing travellers and employers and the legal remedies available to challenge or prevent adverse outcomes.
Video
Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Canada’s entry requirements for the 2026 FIFA World Cup, including visa-required and visa-exempt nationals, visitor entry rules and key planning considerations for fans, teams, media and volunteers.
Media mentions
Partner Kevin Miner discusses the DOL’s proposed H-1B wage rule and its potential to add significant unplanned costs for US employers.
Media mentions
Video
Senior Associate Isabel Schnitzler highlights key pathways to German citizenship, including descent-based eligibility and standard naturalization requirements and outlines important considerations for individuals exploring their options.
