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Is 2023 the worst year to get an H-1B visa?

Is 2023 the worst year to get an H-1B visa?
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With applications skyrocketing year after year, experts are speculating that 2023 may be a bad year to apply for an H-1B visa.

For those who forgot, the H-1B is a visa in the US that allows US employers to temporarily hire foreign workers in specialty occupations.  

Granting the H-1B is based on a lottery basis, with applications that will be processed being selected at random.

According a recent Mint article, this is because of the newly launched electronic registration. It started in 2020, and since then has increased the number of applicants for H-1B visas to almost 500,000 in a year.

2023 is projected to be the biggest year yet, and yet there are only around 85,000 H-1B petition approvals.

Aside from the US economy doing well overall, enticing more applicants into the country, there have been large-scale layoffs in the tech industry, with many of those let go needing to reapply for an H-1B.  

There are also H-1B applicants who lost the lottery the previous year who are applying again.

With such tight competition for processing, the chances are bleaker than ever to get picked in the H-1B lottery.

This doesn’t mean you should give up though. There may be other ways to work legally in the United States.

For help on getting an H-1B and tips on other ways to get work authorization, reach out to a trusted immigration lawyer.

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H-1B Cap Premium Processing to Begin May 12 for the Financial Year 2017

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U.S. Citizenship and Immigration Services (USCIS) will be initiating the premium processing for cap-subject H-1B petitions requesting premium processing, comprising petitions pursuing an exemption for individuals with a U.S. master’s degree or higher on May 12, 2016.

USCIS first broadcasted in a news announcement that it would temporarily adjust its premium processing practice due to the historic premium processing receipt levels, combined with the possibility that the H-1B cap will be met in the first 5 business days of the filing season. USCIS provides premium processing service for certain employment-based petitions and assurances a 15-calendar-day processing time.

For H-1B petitions that are not matter to the cap and for any other visa classification, the 15-day processing period for premium processing service begins on the date that USCIS receives the request. However, for cap-subject H-1B petitions, including advanced degree exemption petitions, the 15-day processing period set by 8 CFR 103.7(e)(2) will begin on May 12, 2016, regardless of the date on the Form I-797 receipt notice, which indicates the date that the premium processing fee is received.

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H-1B Petitions for Fiscal Year 2017

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USCIS will start accepting H-1B petitions subject to the fiscal year (FY) 2017 cap from April 1, 2016. The H-1B visa program allows employers to hire foreign workers in specialty occupations that require the imaginary or practical application of highly specialized knowledge, such as engineers, scientists, and computer programmers.

The required cap on H-1B visas for FY 2017 is 65,000.The first 20,000 H-1B petitions filed for individuals with a U.S. master’s degree or higher are exempt from the 65,000 cap. The number of petitions received will be monitored and notified to the public by an agency when the H-1B cap has been met.

To Avoid Delays in Processing:
USCIS is expecting to receive more than 65000 petitions during the first five business days of this program. In order to avoid delays in processing, H-1B petitioners must follow all legal and regulatory requirements.

USCIS has developed detailed information, including an optional checklist, Form M-735, Optional Checklist for Form I-129 H-1B Filings, on how to complete and submit an FY 2017 H-1B petition. The optional checklist for FY 2017 will be available within the next week. Employers should take action as early as possible to initiate any cap-subject H-1B petitions. Cases will be acknowledged on the date USCIS receives a properly filed petition with the appropriate fees.