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FY 2022 H-1B Cap Registration Begins March 8, 2021

The FY 2022 H-1B Cap Registration period will begin March 8, 2021, and end March 26, 2021.

The new H-1B cap registration final rule (86 FR 1676) modifying the H-1B cap selection process, amending current lottery procedures, and prioritizing prevailing wage takes effect on March 8, 2021. Our firm expects this to be the start date of the 2022 H-1B cap registration period, even if Biden withdraws the final rule.

H1B Cap Petition Filed By Multiple Employers Ok. May H1B Cap petition for the same beneficiary be filed by two different companies? The two companies have common ownership, but different EIN.

My employer told me that he has two entities. One entity he owns 100%. Another smaller entity he owns some shares of it. The two entities have different EINs. The smaller one has been dormant until last year. The smaller entity started to pay salaries in last year. Under this situation, can I file H1B visa applications with these two entities? If I do file with these two entities, will these two applications have higher risk of being checked and denied?

An H1B beneficiary is permitted to be sponsored by multiple H1B Cap employer petitions. While a single employer is prohibited from filing multiple petitions on behalf of the same beneficiary. USCIS identifies an employer by EIN. Related employers with different EINs are different employers for H1B sponsorship. H1B petitions filed by such companies do not have a higher risk of denial on this basis.

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