FY 2022 H-1B Cap Season Update:
USCIS has announced it has completed the initial H-1B electronic registration selection process for FY2022 cap cases. Please see details in the USCIS Press Release below.
Please note that individuals whose registrations were not selected but remain in “Submitted” status remain eligible for any subsequent selections USCIS may conduct this fiscal year. As they did last year, USCIS may run another selection in a few months if additional visas become available before September 30, 2021. This may happen if H-1B petitions based on registrations selected in the first round are not filed after selection, withdrawn after filing, or denied by USCIS.
H-1B Initial Electronic Registration Selection Process Completed
USCIS has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2022 H-1B numerical allocations (H-1B cap) including the advanced degree exemption (master’s cap). We randomly selected from among the registrations properly submitted to reach the cap. We have notified all prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.
Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered):
- Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.
- Selected: Selected to file an H-1B cap petition.
- Denied: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.
- Invalidated-Failed Payment: A registration was submitted but the payment method was declined, not reconciled, or otherwise invalid.
For more information, visit the H-1B Electronic Registration Process page.
FY 2022 H-1B Cap Petitions May Be Filed Starting April 1
H-1B cap-subject petitions for FY 2022, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2021, if based on a valid, selected registration.
Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2022, and only for the beneficiary named in the applicable selected registration notice.
An H-1B cap-subject petition must be properly filed at the correct service center and within the filing period indicated on the relevant registration selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days. Online filing is not available for H-1B petitions, so petitioners filing H-1B petitions must do so by paper. Petitioners must include a printed copy of the applicable registration selection notice with the FY 2022 H-1B cap-subject petition.
Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still establish eligibility for petition approval at the time the petition is filed and through adjudication, based on existing statutory and regulatory requirements. Selection in the registration process does not relieve the petitioner from submitting evidence or otherwise establishing eligibility, as registration only pertains to eligibility to file the H-1B cap-subject petition.
For more information, visit the H-1B Cap Season page.
This update was prepared by Fausta M. Albi, Partner, Larrabee Albi Coker LLP.
Legal Disclaimer: This is provided for informational purposes only and does not substitute for legal advice based on the circumstances of a specific matter. Immigration laws and policies change frequently, often without notice. It is therefore important to seek direct legal counsel based upon individual circumstances.