This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Loan Huynh, Fredrikson Immigration Department Chair, is a member.
On February 28, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that it 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 U.S. advanced degree exemption, known as the master's cap, for fiscal year (FY) 2022, which ends September 30, 2022.
USCIS said it has completed sending non-selection notices to registrants' online account. The agency will continue to accept and process petitions that are otherwise exempt from the cap, including petitions "filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number." USCIS said it will continue to accept and process petitions filed to:
- Extend the amount of time a current H-1B worker may remain in the United States;
- Change the terms of employment for current H-1B workers;
- Allow current H-1B workers to change employers; and
- Allow current H-1B workers to work concurrently in additional H-1B positions.
USCIS began its registration system for cap-subject H-1Bs for fiscal year 2023 on March 1.
