Categories News & Updates USCIS

H-1B Cap Registrations Increased by 57% From Last Year

USCIS has notified all prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration beginning April 1, 2022. The total number of registrations received by USCIS have reached the numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap).

 

For FY 2023, USCIS received a total number of 483,927 H-1B registrations and has initially selected 127,600 registrations projected as needed to reach the FY 2023 numerical allocations. The number of registrations were much higher this year when compared to FY 2022, which had a total of 308,613 registrations – a 57% increase year over year.

 

For the FY 2022 Cap, USCIS conducted a second selection in July 2021 of an additional 27,717 registrations due to low filing volume from the initial selection, and also conducted a third selection in November 2021 of an additional 16,753 registrations. This resulted in a total of 131,970 selected registrations for FY 2022. Looking at the trend, it is expected that USCIS will conduct a second round of lottery selections for this year’s Cap around the beginning of July.

 

For each beneficiary registered, registrants’ online accounts will now show one of the following statuses:

 

Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.

 

Based on the above, USCIS may conduct a second round of lottery for FY Cap 2023. There is no official notification on subsequent rounds as of yet.

 

Selected: Selected to file an H-1B cap petition.

 

Denied: If multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary, the registration is denied. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.

 

Invalidated-Failed Payment: If a registration was submitted but the payment method was declined, rejected, disputed, or cancelled after submission, the registration is deemed invalid.

 

The period for filing the H-1B cap-subject petition will be at least 90 days. Selection in the registration process does not relieve the petitioner of submitting evidence or otherwise establishing eligibility, as registration only pertains to eligibility to file the H-1B cap-subject petition.

 

Please contact your Graham Adair attorney with any case specific questions, or contact us at info@grahamadair.com; +1 408 715 7067.

Categories News & Updates USCIS

H-1B Cap Details Announced

U.S. Citizenship and Immigration Services has announced that the registration period for the fiscal year 2023 H-1B cap will open at noon Eastern on March 1 and run through noon Eastern on March 18, 2022.

In order to file a new H-1B case, employers must complete registrations using the USCIS online H-1B registration system. H-1B registration is a simple online process, where employers submit details for each candidate they intend to sponsor for a new H-1B. The online form avoids extra paperwork and cost for employers. The cost for registration is $10 per candidate.

New H-1B cases are limited to an annual quota of 85,000. Of these, 20,000 are available to those who have earned an advanced degree from a U.S. college or university, while the remaining 65,000 are available to other qualified candidates.

USCIS introduced the concept of H-1B registration two years ago. There were 380,613 registrations filed for FY 2022 and 275,000 registrations filed for FY 2021. When USCIS receives more registrations than the annual cap of 85,000, a random lottery is run on the overall pool of registrations. Once the lottery is completed, USCIS notifies successful selections, at which point a full H-1B petition must be filed for the corresponding candidate.

Prospective H-1B cap-subject petitioners or their representatives will be able to create new accounts beginning at noon Eastern on Feb. 21. While companies can be set up in the system during this time, candidate information cannot be submitted until March 1st.

Anticipating that USCIS will receive more than 85,000 registrations by March 18th, they will run a lottery and notify successful registrants by March 31.

An H-1B cap-subject petition, including a petition for a beneficiary who is eligible for the advanced degree exemption, may only be filed by a petitioner whose registration for the beneficiary named in the H-1B petition was selected in the H-1B registration process.

Please contact your Graham Adair attorney with any specific questions, or contact us at info@grahamadair.com; +1 408 715 7067.

Categories News & Updates USCIS

DHS Rule Places New Restrictions on H-1Bs

Today, the Department of Homeland Security (DHS) published an interim rule that places additional restrictions on H-1Bs. This rule has been rumored for months and was rushed through the standard rulemaking process, bypassing the traditional notice and comment period. It is scheduled to go into effect in 60 days, however, bypassing standard rulemaking procedures does leave it open to potential legal challenges.

This rule, if it goes into effect, will do two primary things:

  • Specialty Occupation. It codifies the definition of “specialty occupation” and makes the criteria to meet specialty occupation more stringent. Specifically, the rule says that a bachelor’s degree specific to the H-1B position is required, and that positions allowing for “general degrees,” such as liberal arts or business management, would not be sufficient.
  • Third-Party Worksites. It also establishes new restrictions on employees who work at third-party worksites. This includes specific requirements to demonstrate employer-employee relationships, such as proving that the sponsoring company controls and supervises the work. It also limits the duration of third-party worksite H-1Bs to 1-year increments. It is important to note that employees working from their homes are not considered to be at a third-party worksite.

There are other provisions in the regulation, but the two items listed above will have the biggest impact on the H-1B process. It should be noted that this rule is going to face significant legal challenges, not only for bypassing the standard rulemaking procedures, but also for applying a different standard to “specialty occupation” that seems to go beyond what was contemplated in the original H-1B legislation.

It is possible to submit comments to the DHS on how this rule will impact employers, but the DHS is not required consider those comments before this rule is implemented. We will post updates on any legal action as they become available.