U.S. Citizenship and Immigration Services completed the initial selection process from FY 2023 H-1B lottery submissions. Sufficient registrations have been received for the FY2023 H-1B numerical allocation and the master’s cap. Selected registrations have been notified. Individuals selected are eligible to submit an H-1B cap-subject petition for the noted beneficiary for the selected registration.

Online accounts for those who submitted a lottery entry will show one of the following statuses, from USCIS:

• Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.
• Selected: Selected to file an H-1B cap petition.
• Denied: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.
• Invalidated-Failed Payment: A registration was submitted but the payment method was declined, rejected, disputed, or canceled after submission.

Cap-Subject Petition Filing Opens April 1

USCIS will open cap-subject and advanced degree petitions for submission on April 1, 2022. Submissions must be for valid, selected registrations only. Solely the beneficiary named in the selected registration notice is eligible for filing submission. Petitions must be filed within the filing period provided on the registration selection notice. The minimum filing period will be 90 days. H-1B petitions must be submitted via paper documents. Specific filing documents apply to ensure eligibility for approval at the time of filing applies.

Selection from the lottery process does not remove the burden of proof showing eligibility. For more information visit the USCIS H-1B Cap page. Note that pre-paid mailers will not be used for any communication or final notices for FY2023 cap-subject H-1B petitions.

Delays for Receipt Notice

The petitioner, and their attorney, if applicable, will be notified upon USCIS receipt of H-1B cap-subject petitions that are in compliance. The appropriate parties will receive a Form I-797, Notice of Action, to confirm receipt of the petition. From time to time, there may be a delay in the issuance of Form I-797. If your petition experiences a delay, do not submit a duplicate. If a second submission is received, both will be denied.

If it’s been over 30 days from the confirmation of delivery and confirmation from USCIS has not been received, contact the USCIS Contact Center. If issues are encountered from the delivery service selected, review the Delivery Service Error Guidance page on the USCIS website.

If you have questions about your H-1B selection, are ready to begin gathering your documents for submission, or have any other questions, please contact us. Our attorneys supported our clients receiving a 99%+ positive outcome for FY2022 H-1B submissions. We work with you for your specific situation to ensure you get the right advice.