The FY 2022 H1B Cap Has Been Reached
USCIS has received enough electronic registrations during the initial FY 2022 H1B Cap registration period to reach the FY 2022 H1B Cap numerical allocations including the master’s cap exemption. USCIS randomly selected from among the registrations properly submitted to reach the cap and has notified 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 now show one of the following statuses for each beneficiary registered:
- Submitted: The registration has been submitted and is eligible 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: If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.
- Invalidated-Failed Payment: A registration was submitted but the payment method was declined, not reconciled, or otherwise invalid.
Starting April 1 FY 2022 H-1B Cap Petitions May Be Filed
H-1B cap-subject petitions for FY 2022, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2021, if based on a valid, selected registration. Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2022, and only for the beneficiary named in the applicable selected registration notice.
HELPING YOU THROUGH EVERY STEP OF THE H-1B PROCESS
An H-1B cap-subject petition must be properly filed within the 90 day filing period. Online filing is not available for H-1B petitions, so petitioners filing H-1B petitions must do so by paper. Petitioners must 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, must 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 does not relieve the petitioner from submitting evidence or otherwise establishing eligibility, as registration only pertains to eligibility to file the H-1B cap-subject petition.
Our attorneys are experienced and knowledgeable in all opportunities and requirements associated with non-immigrant H visas. The immigration law firm of Litwin & Smith assists United States employers and foreign nationals in obtaining H1B visas. These visas enable foreign professionals to work in the U.S. temporarily on a short- or long-term basis. Contact us if you are a foreign professional seeking an H1B visa or an employer wishing to hire a non-U.S. citizen for employment.
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The H-1B visa is one of the most coveted non-immigrant visas. It is an appealing visa option due to foreign nationals’ ability to have dual intent (the intent to enter the U.S. on a temporary work visa and obtain an adjustment of status to an immigrant visa eventually). The efficient, accurate filing of your visa application is paramount to the success of your case.