FY 2023 H-1B Cap Initial Registration Period Opens on March 1 with Some New Considerations

FY 2023 H-1B Cap Initial Registration Period Opens on March 1 with Some New Considerations; How to Begin Preparing for the Upcoming CAP


Source: Ramineni & Shepard

Here are some helpful tips an employer can use to begin getting prepared now to ensure a smooth filing:


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Make sure you have an active H-1B account with USCIS and are able to log in – If you have submitted electronic registrations in the past, you can use the same account for this H-1B lottery again. Please log into your account before March to ensure that you have the proper username and password. You should also send a copy of the email address and signatory used for the account to your attorney as they will require this information to complete the G-28. If you are having difficulty accessing your account, please refer to the “Forgot Password” option on the login page or you may contact USCIS via their help page or call 1-800-375-5283. If this is your first time to submit electronic registration for the H-1B CAP, please urgently contact your attorney for instructions on how to create an account.

Begin gathering registration details for your candidates – Our office sent multiple emails in January to all clients containing important information for the CAP, as well as a Questionnaire and list of required documentation. If you did not receive this email, or are a new petitioner with our office and would like assistance with your filings, please urgently contact our office so that we may provide you with these requests. Petitioners should gather this information and provide it to our office, ideally by February 11, 2022. Our office will continue to file registrations throughout the entire registration period in the order in which all information is received.

Ensure your candidate is qualified for an H-1B specialty occupation position – One of the requirements that must be satisfied in order to receive H-1B visa status is that the H-1B worker must be qualified for the H-1B specialty occupation. The primary way to demonstrate an H-1B worker is indeed qualified for the position is to show that the H-1B worker has a U.S. bachelor’s degree or higher in a field that is relevant to the specialty occupation and that a project is available for that worker beginning on October 1st. Candidates must also have a valid passport and be eligible to enter the U.S.

If you are registering your candidate in the Master’s CAP, make sure the candidate is eligible for the Master’s CAP – In order to qualify for the advanced degree exemption, or the Master’s cap, the beneficiary must have earned, at the time of filing, a Master’s or higher degree from a qualifying U.S. institution of higher education. A qualifying U.S. institution as defined in 20 USC 1001(a), includes an institution 1) in the United States, 2) which is accredited by a nationally recognized accrediting agency or granted a pre-accreditation status at the time the degree was conferred , and 3) is either a public or other nonprofit institution. Additionally, the degree must have been conferred to the beneficiary at the time of filing the petition with USCIS. If a beneficiary is pending their Masters degree at the time of registration, our office generally recommends filing in the regular CAP for beneficiary. Otherwise, the registration may be invalidated if the degree is ultimately delayed or never conferred. Please find some common scenarios with determining eligibility for the Master’s cap exemption: Master’s from a public, non-profit, accredited school? Eligible.

Master’s from a private, non-profit, accredited school? Eligible.
Master’s from a private, for-profit, accredited school? Not eligible.
Master’s from a public, non-profit, unaccredited school? Not eligible.
Master’s from a private, non-profit, unaccredited school? Not eligible.

Ensure that any similar or related entities are not planning to also file for your candidate – A beneficiary can have an electronic registration from more than one employer; however, there are risks associated with multiple filings. Under the regulations, an employer is prohibited from filing multiple H-1B CAP Electronic Registrations and/or petitions on behalf of the same individual in the same fiscal year. Doing so will result in the revocation or denial of any such petitions, and continued abuse of this regulation could result in more severe consequences. This prohibition extends to “related or similar entities” including a parent company, sister company, subsidiary, or affiliate. USCIS has broad discretion to determine if two entities are related and if they conclude that related entities filed CAP Electronic Filings in the same fiscal year for the same Beneficiary with no legitimate business purpose, then USCIS will revoke or deny those CAP Electronic Filing Petitions and potentially disqualify the beneficiary’s CAP number.

Source: Ramineni & Shepard

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