June 30, 2022

Volume XII, Number 181

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Time to Get Ready for FY 2023 H-1B Cap Season

USCIS has announced that H-1B Cap registration will start on March 1, 2022, at noon (Eastern) and will continue through noon (Eastern) on March 18, 2022.

If enough registrations to fill the cap are received by March 18 (which is likely), USCIS will randomly select registrations and send selection notifications through users’ myUSCIS online accounts. The intention is to notify all account holders by March 31, 2022.

Registrations can be done only electronically through a myUSCIS online account. The associated $10 H-1B registration fee for each beneficiary also will be paid through that account.

Registrations may be accomplished by the employers themselves or their attorneys (representatives). Employers preparing their own registrations are known as “registrants.” Registrants will be able to create new myUSCIS accounts beginning at noon (Eastern) on February 21, 2022. Duplicate registrations for a prospective employee will lead to rejections, so it is important not to duplicate efforts.

Attorneys/representatives may add clients to their accounts at any time, but both attorneys and registrants must wait until March 1 to enter beneficiary information and submit the fee. As in the past, multiple beneficiaries can be entered in a single online session. Draft registrations may be drafted, stored, and edited prior to final payment and submission of each registration.

Full cap-subject H-1B petitions, including for those who are eligible for the advanced degree exemption, may only be filed for beneficiaries selected through the online registration process.

The reasons for cap cases abound. For example, many cap cases are for F-1 students who wish to change status to H-1B. Others include individuals in such visa statuses as L or TN who wish to extend their time in the United States. The time to start planning is now!

Jackson Lewis P.C. © 2022National Law Review, Volume XII, Number 31
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About this Author

Amy L. Peck, Immigration Attorney, Jackson Lewis, Worksite Compliance Lawyer
Principal

Amy L. Peck is a Principal in the Omaha, Nebraska, office of Jackson Lewis P.C. She dedicates her practice exclusively to immigration law and worksite compliance, and she is Co-Leader of the firm's Immigration practice group.

Ms. Peck is one of 21 Directors elected to serve on the 14,000-member American Immigration Lawyers Association (AILA) Board of Governors. She currently is serving on the Board of Trustees of the American Immigration Council.

Ms. Peck is a member of the AILA National...

(402) 391-1991
Michael H. Neifach Jackson Lewis Employment visa Lawyer border security matters attorney
Principal

Michael Neifach is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. He is a recognized leader on immigration, visa and border security matters, and he is Co-Leader of the firm's Immigration practice group.

Mr. Neifach has held senior positions at the White House Homeland Security Council, U.S. Department of Homeland Security, and U.S. Immigration and Customs Enforcement (ICE). He served as General Counsel at ICE from July 2007 through January 2009. Following his government service, Mr. Neifach oversaw...

(703) 483-8300
Otieno B. Ombok, Jackson Lewis, I9 Compliance Lawyer, immigrant visa petitions Attorney
Principal

Otieno B. Ombok is a Principal in the White Plains, New York, office of Jackson Lewis P.C.

Mr. Ombok specializes in all aspects of employment-based non-immigration and immigrant visa petitions. He also advises on I-9 compliance issues as well as outbound immigration matters. He has a natural facility in addressing client issues such advises both U.S. and foreign employers with regard to immigration matters. He has a natural facility in addressing client issues pertaining to healthcare visas for medical professionals,...

914-328-0404
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