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). USCIS will randomly select from among the registrations appropriately submitted to arrive at the cap. US Citizenship and Immigration Services have informed 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 presently show one of the following statuses for each registration (that is, for each beneficiary registered):
- Submitted: The registrations have been submitted and are eligible for selection. If the initial selection process has been finished, this registration remains eligible, except 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: Various registrations were submitted by or on behalf of the same registrant for a similar beneficiary. Whenever denied as a duplicate registration, all registrations submitted by or on behalf of a similar registrant for this beneficiary for the fiscal year are invalid.
- Invalidated-Failed Payment: An registration was submitted however the payment method was declined, not reconciled, or in any case invalid.
FY 2022 H-1B Cap Petitions May Be Filed Starting April 1st, 2021
USCIS will start to accept H-1B cap petitions on behalf of lottery selectees on 1st April 2021. The petition filing period will end no earlier than 90 days from thereon. All FY 2022 H-1B cap petitions should be submitted during this period for registrations selected between March 25 and 30. Selection notices received thus far reflect the 1st April to 30th June 2021 filing period.
Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2022, and just for the beneficiary named in the applicable selected registration notice.
An H-1B cap-subject petition should 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 isn’t available for H-1B petitions, so petitioners filing H-1B petitions should do as such by paper. Petitioners should 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. It should 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 doesn’t relieve the Petitioner from submitting evidence or otherwise establishing eligibility. As registration only pertains to eligibility to file the H-1B cap-subject petition.