Key Things to Know About the H-1B Cap Season of FY 2023
Today’s blog update will talk about the H-1B cap season of FY 2023 in the U.S.
As the fiscal year (FY) 2023 H-1B cap season quickly approaches, employers and workers are beginning to prepare for the H-1B petition procedure. Despite constant delays that might affect the FY 2023 H-1B cap season, especially the Coronavirus pandemic, this upcoming H-1B cap will mirror the FY 2022 cap season in multiple references.
Furthermore, the 2023 fiscal year will notice the return of the electronic registration process, which was established in 2020 and has been well-received by candidates since its debut.
According to USCIS, users showed high contentment with the electronic registration process during FY 2022, with an average score of 4.87 out of 5.
On January 28, 2022, USCIS announced that the initial registration period will vary from noon (EST) on March 1, 2022, until noon (EST) on March 18, 2022.
H-1B Cap Season Rules Will Remain the Same
In FY 2023, it seems that many of the orders that were in place for the FY 2022 season will remain the same.
The suggested H-1B final rule that would have modified the H-1B selection process from a random lottery selection to a process that prefers higher wages will not be implemented.
The courts overturned the suggested final rule and were set aside in September 2021. Also, the proposed final rule has been removed from the Federal Register.
It is anticipated that the FY 2023 H-1B cap season will proceed as usual.
Now let’s look into further details.
As previously, USCIS is still issuing appeals for evidence (RFEs). However, the volume of issued RFEs has dropped in the past few years. According to USCIS data, the number of petitions with RFEs formed declined after FY 2019, when 40.2% of H-1B petitions accepted RFEs. That number decreased to 28.8% in 2020, and it fell again to 16.2% in FY 2021.
The Importance of Starting Early
Another trend to resume in FY 2023 is starting the H-1B process earlier. Uncertainties are expected all around the application procedure due to multiple factors, including budgetary constraints, coronavirus pandemic, potential government shutdowns, and more.
The Department of Homeland Security (DHS) Office Inspector General stated that USCIS is undergoing considerable backlogs in application processing for H-1B applications and other immigration services.
HR teams are stimulated to gather necessary data and documentation well before the electronic registration deadline.
USCIS opened the electronic registration in March in the past few seasons of the H-1B cap. HR teams should consider working with their company’s stakeholders and legal groups in January and February to avoid uncertainties. Doing so could aid a less stressful H-1B cap season.
Advantages of Immigration Technology
Flexible work remains to be the norm at the start of 2022, and it’s currently more significant than ever for HR teams to consider operating technology during the immigration process.
Technology can support HR managers and teams streamline and manage the H-1B petition process in many ways, such as:
Streamlining HR and attorney correspondence in communication centers
Spreading information faster, and
Maintaining track of essential deadlines
HR managers are still motivated to prepare in advance for the H-1B cap season by recognizing workers who require an H-1B, collecting all suitable documentation, preparing LCAs, and more.
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