August 23, 2022
USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2023.
Each year, the United States Center for Immigration Services issues H-1B visas to foreigners who would like to be recruited by U.S. businesses that need their competencies. But in order to control the immigration flows, the Congress stated that no more than 85,000 may be issued per fiscal year. This number includes 65,000 mandated H-1B visas and an additional 20,000 advanced degree exemption H-1B visas.
The U.S. Federal year 2023 starts on October 1st, 2022 and ends on September 30th, 2023 but every non-citizen professional who had filed an H-1B visa application to work in the U.S. during that period is already informed of their situation.
USCIS stated on August 25th that those who had not been considered for such a visa for the fiscal year had already been sent non-selection notification via their electronic accounts. The institution will however continue to accept and screen applications that are exempt from the cap. Some people are currently working in the U.S but have previously been counted against the cap.
However, they still hold their cap number. Petitions files by such H-1B workers can still be processed as they are not part of the cap.
Four other types of H-1B petitions can still be processed as well
For some reasons some H-1B workers would have to stay in the U.S. for more time than previously allowed by their visa. If they file a petition to request extension then it will be processed. Another group of individuals working under H-1B visas may request to have the terms of their employments changed. They will be no issue about the processing of their applications as well.
The third group is made of those who request to change their employer and the fourth one is that of those who would like to take additional H-1B positions.
It is to be noticed that H-1B visa holders are mostly recruited from India and China by U.S. companies because of their practical or theoretical expertise.
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