USCIS announced on August 24, 2022, that it reached the federally mandated 65,000 H-1B visa cap for 2023 as well as the 20,000 H-1B visa for the US advanced degree exemption, known as the master’s cap.
“We have received a sufficient number of petitions needed to reach the Congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa US advanced degree exemption, known as the master’s cap, for fiscal year 2023.”
– US Citizenship and Immigration Services (USCIS)
USCIS said in a statement that the status for registrations that were submitted correctly but that were not selected will now show, “Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration.”
USCIS will continue to accept and process petitions that are otherwise exempt from the cap:
“Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2023 H-1B cap.”
The H-1B visa is a non-immigrant visa that allows US companies to hire foreign workers in specialty occupations. These occupations require advanced skills, knowledge or technical expertise, such as computer programming and data management.
A March 2021 Department of Homeland Security rule ended the H-1B visa lottery. It authorized USCIS this year to grant petitions that “will incentivize H-1B employers to offer higher wages, or to petition for positions requiring higher skills and higher-skilled aliens that are commensurate with higher wage levels.”
President Biden’s immigration platform promised,
“High skilled temporary visas should not be used to disincentivize recruiting workers already in the U.S. for in-demand occupations.”
A business immigration lawyer works with employers who want to hire skilled foreign workers and foreign nationals who wish to come to the United States to work temporarily or permanently. Contact Godoy Law Office at 630-912-0322. Godoy Law Office serves the entire Chicago, Illinois area, including DuPage, Cook, Kane, Will and Lake Counties.
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