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USCIS Announces it has Reached FY23 H-1B Cap

author Published by Chris Pierce

According to a recent press release, U.S. Citizenship and Immigration Services has received a “sufficient number” of H-1B visa applications to reach the upper limit mandated by Congress. For context, U.S. businesses use the H-1B program to import foreign workers who take jobs in America’s specialty occupations.

For the upcoming fiscal year, Congress set the regular H-1B visa cap at 65,000 visas, with an exemption allowing for an additional 20,000 H-1B visas for foreign nationals with advanced degrees – known as the “master’s cap.”

However, USCIS added that they will continue to process petitions “otherwise exempt from the cap.” The agency added,

Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2023 H-1B cap. We will continue to accept and process petitions filed to:

  • Extend the amount of time a current H-1B worker may remain in the United States;

  • Change the terms of employment for current H-1B workers;

  • Allow current H-1B workers to change employers; and

  • Allow current H-1B workers to work concurrently in additional H-1B positions.

You can read the full release here.

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