As many of you have been waiting for the official USCIS update on H1B Visa 2023 season, today USCIS announced that they have completed the first round H1B lottery and notified all the selected applicants. Also, they have given guidance on how to file H1B petitions and how they will handle them for receipts notices, and when employers need to act. We will review all these details in this article.
USCIS Announcement on H1B 2023 Lottery Results
Many of our users shared that H1B 2023 Lottery Results were announced over the weekend and they were notified by USCIS online system. They shared sample selection notices as well. Today’s announcement from USCIS is a formal press release indicating the completion of the first-round H1B Lottery selection and notification process. Below is the summary of the announcement done by USCIS on the H1B 2023 lottery results
H1B 2023 Initial Registration Lottery Completed
- USCIS announced that they have received enough H1B registrations to reach the H1B regular and Masters quota cap for the Fiscal Year(FY) 2023. The regular H1B cap is 65,000 and the US Masters cap is 20,000 for a fiscal year. For more, read What is H1B Cap? Regular vs Masters Quota Cap
- They have used random selection ( lottery) to select H1B registrations to fill the H1B cap for FY 2023. There were discussions in the past of using Wage Based Lottery Selection, but it was cancelled by court.
- All the selected applicants in the first round(initial round) H1B lottery were notified, indicating that they are eligible to file for an H1B cap-subject petition.
- Selected Applicants: The selected applicants would have a status of “Selected” in the H1B registration system indicating that their registration was selected and eligible to file for H1B petition.
- Waitlisted Registrations: All the applicants’ registrations that were not selected in the first round lottery will be waitlisted until the end of the fiscal year ( February / March 2023). They will remain eligible for subsequent rounds of the lottery selection, unless invalidated for duplicates or other reasons.
- Denied Status for Duplicates : If multiple H1B registrations were submitted by the employer for the same applicant, then such applicant’s registrations would have a “Denied” Status in the online system. Also, all other registrations related to the applicant submitted by that employer will be invalid.
- Invalidated-Failed payment status: This status would appear for registrations where the payment method was not successful for any reason like declined, disputed, rejected, or cancelled after submission.
H1B FY 2023 Petition Filing Dates, Where to File
- File H1B Cap Petition : Employers can file an H1B cap-subject petition for FY 2023 starting from April 1st, 2022 for all their selected H1B applicants in the first round of lottery. The petition filing can be done only for the selected applicants and not for others.
- Service Center, Filing Period : Employers need to file H1B cap subject petition at the correct USCIS service centers as indicated on the selection notice. They have 90 days from April 1st, to file the petition. The deadline to file is June 30th.
- No Online Filing: In general H1B petition filing using form I-129 is not online. It is no different for FY 2023 season as well and employers need to file using the paper-based forms and send the physical packages. There is no online filing.
- US Masters Cap Eligibility Proof: If registerd under US Masters Cap, you need to submit relevant documentation to prove that you are eligible for the US Masters cap like degree completed certificates, transcripts or letters from Registrar indicating your US master’s is completed.
- H1B Eligibility, Supporting documents: USCIS clarified that employers need to submit all the documentation for eligibility and supporting documents like LCA, education, experience details, etc. as part of the H1B petition. Check H1B Petition Filing Checklist – What NOT to give
H1B Receipt Notice Delays, Pre-paid Mailers
- Delays in Receipt Notice : USCIS says that due to the H1B filing volumes, there maybe delays in getting H1B Receipt Notices ( I-797, Notice of Action). In general, receipt notice is a proof that the petition was accepted and it can be used to track the status of H1B petition online. Check How to check H1B Case Status on USCIS website
- Duplicate petitions : They suggest not to submit a second petition, if they have a confirmation regarding delivery of the petition package like Fedex or UPS tracking indicating the same. This is to avoid duplicate petitions. If you end up submitting more than one petition, then they will consider that as duplicate and revoke both petitions.
- When to Contact USCIS for Receipt Notice : You can contact USCIS after 30 days of the confiramtion of the delivery of the H1B package. You can call USCIS contact center for the same.
- When to file a second petition : As per USCIS, you can only file a second petition, if the Delivery service says that your H1B package was lost, re-routed and did not have any confirmation on delivery. When filing second petition, you need to clealry explain the reason for second petition and also submit a request to withdraw the first petition that was filed. Check USCIS Delivery Service Errors section on their H1B cap season page
- Suspension of Prepaid Mailers : USCIS said they are suspending the pre-paid mailers to send communication regarding the decisions or any other communication for FY 2023 season. They will use automated process that is easier and wil be sent using first-class mail.
Total H1B Registratiosn Count, Premium Processing
The announcement this year for H1B FY 2023 season is pretty similar to the previous years. Below are the details that are missing and what to expect next.
- H1B Premium Processing : There are no details on the premium processing suspension. There is no note on their I-907 premium processing form webpage as well. As there is no note on suspension, USCIS would accept premium processing for H1B cap-subject FY 2023 petitions. Read H1B Premium Processing vs Regular Processing to know more on how it works
- H1B Total Registrations, Count Splits : The press release does not have any details on the total H1B visa counts or split of regular vs masters quota registrations. They may release this data in the upcoming weeks, but for now, this press release does not have that info and their H1B registration page does not have it too.
H1B 2023 Anonymous Case Tracker
The next steps are going to be slightly long with processing times that are unknown if you do not file under premium processing. This may change with the new USCIS initiative to speed up the processing time. To know the overall trends, please add your case anonymously to the H1B 2023 Case Tracker. It is fully anonymous and can help the community, including you !
What do you think of the press release? Share your thoughts, questions in the comments below