USCIS Announces Completion of H-1B Cap Lottery

The U.S. Citizenship and Immigration Services (“USCIS”) has announced the completion of its H-1B initial electronic registration selection process for fiscal year 2023 (“FY 2023”) after receiving enough electronic registrations to reach the H-1B numerical allocations (“H-1B Cap”), including the advanced degree exemption (“Master’s Cap”). Selected H-1B Cap petitioners have now been notified through their online accounts and may file an H-1B Cap petition with USCIS beginning April 1, 2022. While the end of the filing period has not yet been announced, the period will be open for at least ninety (90) days.

Similarly to its practice in previous years, additional lotteries may be conducted by USCIS to reach the numerical allocations for cap-subject petitions through the end of FY 2023. 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 Provides I-9 Compliance Updates for New Classes of Admission

USCIS has updated its guidance regarding I-9 compliance for the newest classes of admission for spouses of L-1 and E visa holders. These new classes of admissions—E-1S, E-2S, E-3S, and L-2S—allow dependent spouses (over age 21) of L-1 and E visa holders to be work-authorized, incident to their status. Spouses who have a valid I-94 with the new “S” designation may now present their Form I-94 as proof of employment authorization to satisfy List C on Form I-9, in conjunction with a List B document. Please contact immigration counsel for more information on acceptable Form I-9 documentation and verification procedures.