On March 29, 2022, the USCIS announced that the 2023 H1B registration lottery selection process has been completed. This means that they have received enough registrations during the initial registration period to reach the 2023 H1B cap. From the registrations, the USCIS randomly selected applicants to reach the designated cap for the year.
Employers or attorneys have been notified if the applicant they petitioned for has been selected. If they have been selected, they can go ahead and move forward with filing an H1B cap-subject petition.
What Does My USCIS 2023 H1B Registration Status Mean?
When your petitioner checks your registration status online via the USCIS website, they will see one of the following statuses:
Submitted – Your registration was submitted and is eligible for selection. If you still see this status after the selection process is complete, you are still eligible for future lotteries, which can occur if the cap isn’t reached for petitions filed.
Selected – You are selected to file an H1b cap petition.
Denied – You have been denied due to duplication registrations, meaning more than one person submitted a registration on your behalf.
Invalidated-Failed Payment – The payment method attached to your registration was declined or canceled.
When Can I File My 2023 H1B Cap Petition?
The earliest date that the USCIS is accepting H1B cap petitions for 2023 is April 1, 2022. Remember, this is only for those who were selected for registration during the lottery. Your petitioner (employer or attorney) must file for you.
Once chosen during the selection process, your petitioner has 90 days to file your H1B cap petition. Your petition cannot be done so electronically, and must be filed with the correct service center. A printed copy of your registration selection notice for 2023 must also be included.
What If I Don’t File Within 90 Days?
If you don’t file your H1B cap petition within 90 days, your eligibility will expire and you’ll lose your opportunity to file.
My Petitioner Filed But Never Received a Confirmation Notice
When your petitioner files your H1B cap petition, you should be provided with a Form I-797 letting you know that your filing was received. However, because of the current volume of applicants, there may be a delay in Form I-797 issuance.
If this occurs, do not submit a second petition. This could result in denial of both petitions. If more than 30 days passes from the confirmation of your petition’s delivery and you have not received a Form I-797 yet, your petitioner should contact the USCIS Contact Center for assistance.
Will There Be Second or Third 2023 H1B Lottery Rounds?
In past years, we have seen second or third lotteries for H1B registrations due to those who are selected but don’t file within the 90 day time period. When the filing cap isn’t reached, the USCIS will open up second or third rounds for the H1B registration lottery. It completely depends on the number of timely applicants after the initial selection.
If you don’t receive notification of selection by March 31, 2022, but your registration status still says submitted, sit tight. You are still eligible to be selected for future rounds if they occur. We will keep you posted when second or third rounds are announced, so be sure to check back frequently.