Beginning March 1, 2022, USCIS will invalidate all registrations submitted by a petitioner for a beneficiary if the petitioner submitted duplicate registrations for the beneficiary. So, petitioners are alerted against this practice and warned that after the registration period closes on March 18, 2022, you cannot rectify this error.
A prospective petitioner can only have one registration submitted per beneficiary per fiscal year. For FY 2023, USCIS is adding a duplicate checker function to the electronic registration process, which allows a check before submission of the registration to try to spot duplicate submissions. This check compares the beneficiaries listed in the draft with any registrations previously submitted during the registration period. If a duplicate registration is found while the initial registration period is still open (before noon ET on March 18, 2022), then the petitioner can delete the extra registration.
H1-B FY 2023 – Large Number of Online Registrations Expected
With international traveling opening up and most STEM and tech companies going for in-person work environment, companies are opening up to the idea of sponsoring more foreign workers to work in their US based office locations. This means that for H1-B FY 2023, USCIS is expected to receive a very large number of online registrations. The period between March 1 and March 18 is critical for the initial registration. Given the large number of online registrations expected, technical glitches, slowdowns and other online issues should be anticipated.
The risk of slowdowns increases as the registration deadline approaches. Prompt completion and submission of cap registrations can help to minimize last-minute problems. If the system becomes inoperable for any reason, USCIS may suspend registration.
Actions During Registration Period March 1 to March 18, 2022
- Create an H1-B Registrant account in the USCIS online system.
All sponsoring employers must have an H1-B registrant account at USCIS website, Here’s a step-by-step guide on how to register an account.
- Create list of H1-B beneficiaries
In order to submit registrations by the March 18 deadline, your organization has to identify the complete list of foreign nationals to be registered for the H1-B cap, and submit it to your legal immigration counsel.
For foreign workers needing access to quick reliable immigration lawyers, check ou t our panel at Lawbench.
- Review submitted registrations
Once the paperwork is completed and before submitting, the company’s designated signatory must log into the USCIS system to review, approve and e-sign the registration. Once submitted, this completes the initial registration process.
After March 18, Registration Period Closes – Next Steps
Registration time slot will close after noon on March 18, 2022. USCIS will then conduct two cap lotteries to select the beneficiaries. The first lottery will contain all registered H1-B beneficiaries and will select total registrations to meet the regular H1-B cap of 65,000. A second lottery will be conducted and will contain all registered “master’s cap” beneficiaries who were not selected in the first lottery. This is to select enough registrations to meet the H1-B cap exemption of 20,000 for holders of U.S. advanced degrees.
Lottery Results By March 31, 2022
For the results of the lottery, USCIS will notify employer ’s authorized signatory and immigration counsel by an email. This will indicate a change of status in the cap registration. Legal counsel may log into the account to see what the status reads.
Next Steps For Selected H1-B Registrants
If selected in the lottery, you should submit H1-B cap petitions starting April 1, 2022. The petition filing period will end by June 30, 2022. All FY 2023 H1-B cap petitions for beneficiaries selected in the March lotteries must be submitted during this period.
As USCIS continues to update us of each stage, we will keep you abreast with the latest in H1-B 2023 news – Stay tuned.
