H-1B: Employers—only in March, get set, register!

The H-1B visa classification is a U.S. employer’s go-to when employing foreign nationals to work in specialty occupations in the United States. Each year, employers dash to find highly skilled workers and race to file registrations on the prospective employee’s behalf in the hope of receiving the “opportunity” to “apply” to sponsor their chosen employee. The 2023 registration period is fast approaching, so employers need to be prepared.

Demand exceeds supply

The annual demand for highly skilled workers far exceeds the supply of available H-1B visas. Out of the 85,000 coveted visas available annually, 65,000 are open to prospective employees who hold the equivalent of a bachelor’s degree or higher. An additional 20,000 are reserved for prospective employees with advanced degrees from a U.S.-based institution.

The above numerical limits apply only to H-1B petitions that are subject to the cap. A cap-subject petition refers to an H-1B petition that must be counted against the annual numerical limits of available H-1B visas. The regulations identify which petitions aren’t subject to the cap. So, perhaps the term “cap-subject” is best understood by what it’s not.That is, the H-1B petition isn’t subject to the cap and the employer is free to file it at any time if: