Today, USCIS selected previously submitted H-1B Cap fiscal year (FY) 2022 electronic registrations using a random selection process after reaching the determination that additional registrations would be necessary to reach the H-1B Cap FY 2022 quota. The H-1B Cap petition filing period with USCIS based on registrations selected today will begin on August 2, 2021, and close on November 3, 2021. H-1B employers with selected registrations will have their myUSCIS accounts updated to include a selection notice, which includes details of when and where to file.
Background. In March 2021, USCIS conducted an initial random selection on properly submitted electronic registrations for FY 2022 H-1B Cap (Regular Cap), including for beneficiaries eligible for the advanced degree exemption (US Master’s Cap). Per regulation, USCIS uses historical data related to approvals, denials, revocations, and other relevant factors to calculate the number of registrations needed to meet the H-1B Cap for a given fiscal year, and only those petitioners with selected registrations for FY 2022 are eligible to file H-1B cap-subject petitions. The initial H-1B Cap petition filing period for those with selected registrations for FY 2022 was from April 1, 2021, through June 30, 2021. Today’s announcement reflects USCIS’ determination that an insufficient number of H-1B Cap petitions have been submitted to USCIS to reach the annual numerical limitation.
What does this mean for H-1B employers? Employers should review its updated registration selections for FY 2022 and contact counsel for assistance. 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. Online filing is not available for H-1B petitions. Petitioners filing H-1B petitions must do so by paper and must include a printed copy of the applicable registration selection notice with the FY 2022 H-1B cap-subject petition. Registration selection only indicates that petitioners are eligible to file H-1B cap-subject petitions; it does not indicate that the petition will be approved. Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the US Master’s Cap, must still submit evidence and establish eligibility for petition approval based on existing statutory and regulatory requirements.
This information is distributed for informational purposes only.