2023 H-1B Cap Lottery Season: It’s Time to Prepare!

Now is the time for US employers to prepare for registration in the 2023 H-1B Cap Lottery. H-1B Temporary Worker status is for professional workers. Electronic Registration of all proposed H-1B workers for the FY2023 H-1B quota in March is an absolute must. USCIS will charge a $10 fee per registration. But that means the larger employers may snag most of the visas leaving small and medium-size employers behind. We at Weinstock Immigration Lawyers recommend that employers review upcoming hiring needs as soon as possible to determine if new H-1B petitions will need to be filed under the FY2023 quota for potential employment start dates of October 1, 2022. We also recommend consulting with our attorneys to figure out if there’s a strategy to increase the chance of selection in the lottery in this highly competitive employee shortage labor market. Since the implementation of the H-1B Cap Registration process a few years ago, interested employers have had to register in March for a chance to sponsor a foreign national worker who is needed for a professional-level position. Now that we have seen the automated H-1B lottery system in action for two years, what have we learned? What should be done differently? Registration will again be held for 2 weeks (sometimes extended to 3) on March 1st.  In the past, USCIS has then conducted the random selection process (lottery) and announced the lottery winners before the end of March. There are 65,000 spots in the Regular H-1B Cap and 20,000 in the Advanced Degree Exemption per fiscal year. While changes to the lottery selection process had been considered, the lottery will continue to be a random selection process.  This essentially means that all employers will have the same chance at being selected in the registration and then being able to proceed with sponsorship. If you’re an employer interested in sponsoring a foreign national professional level worker for H-1B status, it’s best to begin preparing now. The upfront analysis may require additional time prior to the limited Employer Registration window.  With demand for workers higher, in general, this year, there is likely to be greater demand for H-1B workers by US employers.  As such,  it’s important to contact us to begin preparing as soon as possible and find out if there’s a strategy available to increase your chances of success.

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