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H-1B Cap Registration Period Will Run Between March 1 and March 17, 2023

MSK Client Alert
February 7, 2023

Introduction: To obtain H-1B status for the first time, an employer or prospective employer of a foreign worker is required to go through the annual randomized H-1B lottery often referred to as “H-1B cap.” The H-1B lottery is run to meet the annual quota of 85,000 (20,000 reserved for U.S. advanced-degree holders and 65,000 for holders of U.S. bachelor’s degrees or the foreign equivalent). The employer must first register an account with USCIS, submit a registration for the foreign worker during the specific period that occurs once each year, and then – should the worker be selected in the lottery – submit the full H-1B petition. In the petition, the employer will be required to demonstrate that the foreign worker is being offered a position that is considered a “specialty occupation” meaning it generally requires at least a bachelor's degree (or foreign equivalent) in a specific field of study and that this foreign worker has the required academic background for the role.

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