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FY2023 H-1B Cap Registration – What You Need to Know

January 20, 2022

Melina LaMorticella, Turid Owren, Alan Perkins, and Melany Savitt - Tonkon Torp LLP

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Registrations for the FY2023 H-1B quota must be submitted electronically to USCIS in March 2022. USCIS will designate a registration period shortly, which should be a minimum two week window. USCIS will charge a $10 fee per registration.

We recommend that employers review upcoming hiring needs as soon as possible to determine if new H-1B petitions will need to be filed under the FY2023 quota for potential employment start dates of October 1, 2022.

Registration Details
Registration requires submission of basic data such as information about the employer, sponsored foreign national, and whether the foreign national holds a U.S. advanced degree. The electronic registration procedure means that employers will only need to prepare and file H-1B petitions for those registrations selected in the lottery. Therefore, the electronic registration procedure should result in overall time and cost savings for employers. Only one registration per employer/individual beneficiary combination is permitted.

Post-Registration Period
Based on past demand, decreased costs associated with the electronic registration system, and the current labor market, a lottery will very likely be held for the registrations received. Registrations will likely be reviewed and a lottery held immediately prior to April 1, 2022, to permit filings to begin on or about that date. If selected pursuant to the electronic registration process (lottery), employers will be provided 90 days to file an H-1B petition.

Depending on a number of variables, additional “wait list” registration selections may be made later for the fiscal year. These additional selections are announced if and when they are made.

Next Steps
We recommend that employers review upcoming hiring needs as soon as possible to determine if new H-1B petitions will need to be filed under the FY2023 quota for potential employment start dates of October 1, 2022.

In your review, we recommend considering the following:

• Whether the company employs any foreign nationals who will need (or may benefit from) a change to H-1B status. Examples include: F-1 and J-1 students, TN USMCA professionals, L-1B specialized knowledge transferees, E-3 Australian specialty occupation professionals, and individuals with certain types of employment authorization documents (EADs).
• If there are any prospective employees the company wishes to employ beginning October 1, 2022 or later who require a new H-1B petition. Example: recruiting someone outside the United States who requires an H‑1B visa to work for the company.

Additional H-1B Cap Details
All “new” H-1B petitions are subject to an annual quota, or “cap” of 65,000 regular H-1B visas, and an additional 20,000 H-1B visas reserved for holders of advanced degrees (master’s or higher) from accredited U.S. universities. New cap H-1B petitions are generally required for individuals previously not counted against the cap (with limited exceptions).

New cap H-1B petitions are not required for H-1B extensions and most H-1B changes of employer.

This client alert is prepared for the general information of our clients and friends. It should not be regarded as legal advice. If you have any questions regarding this update, or for more information about this topic, please contact any of the attorneys in our Immigration Practice Group, or the attorney with whom you normally consult.

About Tonkon Torp

Tonkon Torp LLP is a leading business and litigation law firm serving public companies, substantial private enterprises, entrepreneurial businesses, and individuals throughout the Northwest. For more information, visit tonkon.com.