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FOREIGN STUDENTS NOT SELECTED IN H1B CAP LOTTERY STILL HAVE OPTIONS

 

In recent years, the U.S. Citizenship and Immigration Services (USCIS) has implemented a program whereby a randomized lottery determines which applicants will be eligible for H1B cap petitions. The initial selection process for fiscal year 2022 has now come to an end. If your name was not selected in this lottery, what can you do?

USCIS To Notify Qualifying AC21 Beneficiaries of I-140 Approval Revocations

USCIS AC21 Policy Memo

Implements the AAO’s adopted decision in Matter of V-S-G- Inc. This decision clarifies that beneficiaries of valid employment-based immigrant visa petitions who have properly ported under AC21 are “affected parties” under DHS regulations for purposes of revocation proceedings of their visa petitions and as such, beginning November 11, 2017, when USCIS sends a NOIR or NOR to the petitioner of an approved I-140 petition, USCIS is to send a NOIR or NOR to the beneficiary of that petition if: The beneficiary has filed a Form I-485 with USCIS that has been pending for 180 days or more, and the beneficiary is otherwise eligible to port and has properly requested to port. The guidance notes that other kinds of visa petition beneficiaries, and the subsequent employers of beneficiaries who have ported or sought to port, are not affected parties under DHS regulations and may not participate in visa revocation proceedings.

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