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H-1B visa filing season for FY23 is here. All you need to know in 10 points

US visa norms mandate that 20,000 foreign students having masters or higher degree from a US college of higher education are exempted from the 65,000 Congressional limit on H1-B visas.Premium
US visa norms mandate that 20,000 foreign students having masters or higher degree from a US college of higher education are exempted from the 65,000 Congressional limit on H1-B visas.

  • The US government has announced that the initial registration period for the fiscal year 2023 H-1B cap will open at noon Eastern Time (ET) on 1 March and run through noon (ET) on 18 March.

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United States H1-B visa filing season is here, and the competition for one of the most coveted and popular visas around the world has only intensified over the years. The US government has announced that the initial registration period for the fiscal year 2023 H-1B cap will open at noon Eastern Time (ET) on 1 March and run through noon (ET) on 18 March.

During this period, employers must consult with employees to complete and submit their registrations using the online H-1B registration system.

With the registrations less than a month away, employers are all gearing up and organising candidates for H1-B filings for FY23.

Here are 10 things to know about H1-B filing cap season

The USCIS (US Citizenship and Immigration Services) will assign a confirmation number to each registration submitted for the FY23 H-1B cap. This number is used solely to track registrations and it cannot be used to track your case status in case status online.

Prospective H-1B cap-subject petitioners or their representatives are required to use a myUSCIS online account to register each beneficiary electronically for the selection process and pay the associated $10 H-1B registration fee for each registration submitted on behalf of each beneficiary.

Employers submitting their own registrations will use a “registrant" account and they will be able to create new accounts beginning at noon ET on 21 February.

Employers or their representatives will be able to submit registrations for multiple beneficiaries in a single online session. Through the account, they will be able to prepare, edit, and store draft registrations prior to final payment and submission of each registration.

If the US administration receives enough registrations by 18 March, they will randomly select registrations and send selection notifications via users’ myUSCIS online accounts. The results will be announced by March 31.

Background

The H-1B program allows companies and other employers in the United States to temporarily employ foreign workers in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent.

H-1B specialty occupations may include fields such as architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts.

The H-1B classification has an annual numerical limit (cap) of 65,000 new visas each financial year. An additional 20,000 petitions filed on behalf of beneficiaries with a master’s degree or higher from a US institution of higher education are exempt from the cap. Additionally, H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related non-profit entities, a nonprofit research organization or a government research organization are not subject to this numerical cap.

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