For fiscal year (FY) 2023, USCIS has received enough applications to meet the congressionally mandated 65,000 H-1B visa regular ceiling plus the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap.

They have completed delivering non-selection notices to online accounts of registrants. Registrations that were duly filed for the FY 2023 H-1B numerical allotment but were not selected will now reflect the following status:

  • Not Chosen: Not chosen – based on this registration, you are ineligible to file an H-1B cap petition.

They will continue to receive and review petitions that are exempt from the cap in other ways. Petitions for current H-1B employees who have previously been counted against the cap and still hold their cap number are exempt from the FY 2023 H-1B cap. They will continue to accept and review petitions submitted in response to:

  • Increase the time an existing H-1B worker may stay in the United States;
  • Change the terms of employment for existing H-1B employees;
  • Allow current H-1B workers to change employers;
  • Allow current H-1B workers to work in several H-1B positions concurrently.

Employers in the United States use the H-1B visa program to hire foreign employees in speciality occupations. We urge H-1B petitioners to sign up for H-1B cap season email updates, which may be found on the H-1B Cap Season page.