Update Applicable to:
All employers with foreign student employees.

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

What are the details?
Employers who recently hired F-1 foreign students and wished to continue to employ them beyond the one or three years of Optional Practical Training employment authorization should contact immigration counsel and start planning. USCIS announced that it would begin accepting electronic registrations for H-1B visas on March 1, 2023. The registration period runs until March 17, 2023, at noon Eastern time. Selected registrants will be notified in late March or early April. Selectees will then have 90 days to file an H-1B petition with the US Citizenship and Immigration Service. If the petition is approved, the visa will issue on October 1, 2023. 

An H-1B visa permits an employer to employ a foreign national in the United States in a position that usually requires a bachelor’s degree in a particular field. Common H-1B positions include architect, accountant, engineer, lawyer, computer systems analyst, and physician. With a maximum validity of six years, H-1 visas are commonly used as a bridge between student status and lawful permanent residence.  

For more information, please see the links below:

USCIS Announcement

Specialty Occupations

Article

What do employers need to do?
Employers should review the links provided above, and if they intend to keep their foreign student employees, they should start planning for registration come March 2023.

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