Reminder: H-1B cap filing period closes June 30

Companies filing H-1B cap petitions for fiscal year 2023 are reminded that the 90-day filing period closes June 30.

Key Points:

• U.S. Citizenship and Immigration Services (USCIS) conducted the FY 2023 H-1B lottery in late March.
• USCIS opened the 90-day H-1B cap filing period for selected registrants on April 1.
• Petitioners who have not yet filed a petition for candidates who were selected in the lottery must do so by June 30 in order for the petition to be considered.

Additional Information: USCIS received 483,927 registrations this year, a 56.8% increase over the 308,613 from last year. In each of the last two fiscal years, USCIS has conducted more than one lottery; however, the agency selected more registrations in the initial lottery this year and it is not clear that there will be a second lottery for FY 2023.

BAL Analysis: Companies should work with their BAL professional to ensure that their H-1B cap petitions are filed before the June 30 deadline. Employers may also wish to work with their BAL attorney to consider alternatives for registrations that were not selected in March’s lottery. BAL will continue to monitor whether USCIS will invite more registrants to submit H-1B petitions for FY 2023.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.