20220825-KPMG_Global-United_States_–_FY_2023_H-1B_Regular_Cap_and_Master_s_Cap_Met_4页_311kb

USCIS H-1B Caps Met for FY 2023

The United States Citizenship and Immigration Services (USCIS) announced on August 25, 2022, that both the regular H-1B cap (65,000) and the master's cap (20,000) for fiscal year 2023 have been reached. This completes the selection process for H-1B cap-subject petitions for FY 2023.

Key implications include:

• H-1B cap-subject applicants who were not selected must wait until the FY 2024 registration period.
• Employers are advised to explore alternatives for employees at risk of status expiration and consider using USCIS premium processing to expedite adjudication for those facing work authorization uncertainty.

Background:

• The FY 2023 H-1B registration period began on March 1, 2022, with selection occurring on March 28, 2022.
• The lottery used registrations, and only selected applicants can file complete petitions during the initial filing window.

Additional information:

• USCIS continues processing non-cap subject petitions, such as extensions or employment changes.
• KPMG Law LLP in Canada is monitoring developments and encourages participation in their Global Assignment Policies and Practices (GAPP) survey for benchmarking.

Note that this announcement marks the end of the FY 2023 H-1B cap selection process.