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No Second Lottery for This Year’s H-1B Cap (FY 2023)

Although an official announcement has not yet been made, USCIS has begun sending non-selection notices to employers who registered individuals in the fiscal year 2023 H-1B lottery conducted this past spring. These notices are sent to the employer’s online myUSCIS account for those registrations that were submitted but not selected in the first round of the lottery.

This would suggest that USCIS has apparently received a sufficient number of petitions needed to reach the statutory 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption for fiscal year 2023.

Unlike prior years, USCIS only needed to perform one selection process this year. For comparison, during FY 2022, USCIS conducted rounds of the lottery in March, July and November, resulting in approx. 131,970 selections. For this year, USCIS received 483,927 H-1B registrations and initially selected 127,600 registrations to reach the 85,000 total FY 2023 numerical allocations.

This is only applicable to those H-1B beneficiaries who are subject to the cap. It does not apply to H-1B petitions for extension, change of employer, amendment, or concurrent employment.

Emily Neumann is Managing Partner at Reddy Neumann Brown PC with over 15 years of experience practicing US immigration law providing services to U.S. businesses and multinational corporations. Emily has helped transform the firm from a solo practice to Houston’s largest immigration law firm focused exclusively on U.S. employment-based immigration. She received her Bachelor’s degree in Biology from Central Michigan University and her Juris Doctorate degree from the University of Houston Law Center. Emily is a frequent speaker and has been quoted in Bloomberg Law, U.S. News & World Report, Inside Higher Ed, and The Times of India on various hot topics in immigration. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management.