H-1B Cap Reached for Fiscal Year 2023

On August 23, 2022, U.S. Citizenship and Immigration Services (“USCIS”) reached the congressionally-mandated H-1B numerical allocations for the regular cap and advanced degree exemption (“master’s cap”). Notifications regarding selection or non-selection have been sent to registrants’ online accounts and the status for registrations that were not selected will now indicate “Not Selected – not eligible to file an H-1B cap petition based on this registration.” If USCIS determines that additional registrations are needed to meet the H-1B regular cap or the H-1B master’s cap, USCIS will select from registrations held in reserve to meet the cap or re-open registration if needed to meet the numerical allocations. Contact your immigration counsel to discuss possible H-1B alternatives and plan further immigration proceedings for individuals who were not selected for this year’s H-1B cap lottery.

USCIS Urges Eligible Applicants to Submit Employment-Based Adjustment of Status Applications

As we head into the last month of the fiscal year, USCIS continues to urge individuals eligible to file an adjustment of status application to do so, accompanied by a valid Form I-693, Report of Medical Examination and Vaccination Record. Due to increased backlogs and processing delays as a result of the COVID-19 pandemic, USCIS implemented a temporary waiver of the 60-day rule requiring that the civil surgeon sign the completed I-693 within 60 days of filing an adjustment of status application. This waiver will remain valid until September 30, 2022, barring an extension of COVID-19-related flexibilities from USCIS. Contact your immigration counsel as soon as possible to determine if you are eligible to file an adjustment of status application for this fiscal year.



DID YOU KNOW? Recently, Munsch Hardt’s Immigration Team facilitated the international transfer of the highest-level U.S. executive for one of North America’s largest transportation conglomerates.