2023 H-1B “Cap Season” Registration Dates Announced


Friday, January 27, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the 2023 (fiscal year 2024) H-1B cap will open at noon Eastern on March 1 and run through noon Eastern on March 17, 2023.

During this period, prospective employers will be able to complete and submit registrations using USCIS’s online H-1B registration system.  Registrants will be able to create new accounts beginning at noon Eastern on Feb. 21, 2023.  Submission of registrations will begin March 1, 2023.

After March 17, 2023 USCIS will randomly select registrations and send selection notifications via users’ myUSCIS online accounts. USCIS intends to notify account holders by March 31, 2023.

Please see our previous blog, 2023 H-1B Professional Visa “Cap Season” Details, for additional information about the H-1B application process and requirements.

Now is the Time to Get Ready!

All 2023 H-1B Cap participants must complete a Pre-Registration process for inclusion.

E&M Mayock’s Pre-Registration Program includes attorney review and filing with USCIS Citizenship & Immigration Services.  The all-inclusive fee for this first step is $500.

Please complete our H-1B Inquiry Form if you would like us to move forward with H-1B Cap Pre-Registration.

E&M Mayock’s H-1B Pre-Registration Program

E&M Mayock has now begun accepting H-1B Cap Pre-Registration cases for submission in March 2023.

Initial Attorney Review and Registration: $500

Employers and H-1B Cap Prospect Employees will fill out basic online questionnaires to provide the information required for H-1B Cap Pre-Registration.  If, after Attorney Review, there are no apparent legal issues, the case will be prepared for Pre-Registration submission.  USCIS $10 fee included.

Full H-1B Visa Petition Preparation:  $3,500 (Standard E&M Fee)

Once a candidate has been selected, the employer will have 3 months to file an H-1B visa petition with USCIS, usually by 30 June 2023.  E&M is prepared to do this for our standard fee of $3,500 [plus costs].  Most petitions will be decided by the first possible start date – 1 October 2023.  But others will languish.  PP Premium Processing [$2,500 additional and optional] may be available; USCIS has yet to announce.

** Important Note for F-1 Foreign Student H-1B Candidates – Saving on Taxes **

Employers should avoid withholding FICA for any F-1 OPT employee without getting advice from an accountant.  Most F-1s and their employers are exempt from paying FICA.  6.5% of compensation x 2 [Employer AND Employee each avoid payment] can be significant savings.  For those on STEM OPT, 3 years of FICA savings can pay for a significant portion of both visa and green card expenses.

Getting Started with Pre-Registration

Please complete our H-1B Inquiry Form if you would like us to move forward with H-1B Cap Pre-Registration.

Once we receive this information from you we will send instructions to start the case and send a link for payment of the $500 Pre-Registration fee.