A recent update was published on the official website of the U.S. Citizenship and Immigration Services (USCIS) regarding the second round of H-1B registrations. The update might prove to be beneficial for several non-immigrants who did not make it in the first round of the H-1B cap registrations. The decision was made based on the fact that the initial H-1B cap registrations did not provide the required number of numerical allocations allotted by the USCIS for FY 2022. This would be the second consecutive year where the USCIS is conducting a second round of H-1B cap-subject petitions.
Read the blog to find out more about the lottery and how it may impact H-1B applicants this year.
The USCIS implemented its electronic registration process for H-1B cap petitioners in 2020. It required petitioners to electronically register their petition, followed by payment of a $10 fee for every beneficiary. The process was expected to streamline the processing of applications due to reduced paperwork and data exchange. It also reduced costs for employers filing the H-1B cap-subject petitions. The electronic registrations required petitioners to submit only basic information about the employers and the requested workers.
The USCIS determines the number of applications needed per year to reach the H-1B cap by counting in historical data such as approvals, denials, revocations, and other related factors.
The initial random selection based on the process was held for the fiscal year 2021. The second round of selections was held in August 2020, due to a low number of applications received from the initial selection.
The initial selection of electronic registrations for the H-1B cap, for regular as well as beneficiaries eligible for the advanced degree exemption for FY 2022 was held in March 2021.
The initial filing period for FY 2022 for selected registrations was from April 1, 2021, to June 30, 2021. Petitioners with selected registrations are qualified to file for H-1B cap-subject petitions. The USCIS declared that they received around 308,613 H-1B registrations in the first round of H-1B cap-subject petitions. Out of these, they selected 87,500 registrations. They have declared that through the second round of registrations, they aim to select 27,717 registrations. This is needed to reach the numerical allocations for FY 2020.
The petition filing period for the second round, based on selections from July 28th by the USCIS (from the previously selected registrations), is set to begin by August 2nd, 2021 through November 3rd, 2021.
The selected registrants can find updates on the myUSCIS accounts. The accounts would include information including their selection notice, along with the details for filing their applications.
It should be ensured the H-1B cap-subject petitions should be filed within the filing period mentioned on the selection notice. The petitioners have to file their H-1B petitions on paper and it cannot be carried out online. A printed copy of the registration selection notice must be attached with the H-1B cap-subject petition of each applicant.
It should be noted that:
The selections are based on previous registrations, and employers should not take any actions to register the beneficiaries again.
The registrations selected indicate that the petitioners are eligible for filing H-1B cap-subject petitions. It does not ensure that the petitions would be approved.
The petitioners should submit evidence and prove their eligibility based on the existing statutory and regulatory rules.
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