H-1B Cap Electronic Registration Selection Process Completed for FY 2022

On March 30, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it has received sufficient electronic registrations during the initial registration period to reach the Fiscal Year (FY) 2022 H-1B cap. A random selection (lottery) was conducted from the registrations submitted from March 9, 2021 through March 25, 2021. H-1B petitions may be filed with USCIS for selected registrations starting April 1, 2021.

Sponsoring employers and their attorneys have been notified of the selection results and are now able to view the status of their submissions in their registration accounts. During the initial registration period, employers submitted more than enough registrations to meet the quota of 65,000 standard H-1B cap numbers and the cap exemption of 20,000 for holders of U.S. advanced degrees. The exact number of cap registrations submitted has not yet been announced.

For each registrant, the USCIS online system will be updated to show one of the following statuses:

• Selected: The employer may file an FY 2022 H-1B cap-subject petition for the beneficiary in the designated 90-day filing period beginning April 1, 2021.
• Submitted: The beneficiary was not chosen in the initial lottery selection, but the beneficiary will remain in consideration for selection until the end of the fiscal year, in the event that USCIS does not receive sufficient H-1B cap petitions during the 90-day filing period to reach the annual cap. (This was the case last year, when numerous “submitted” registrations were later selected for a second round of filings, after the initial 90-day filing period concluded).
• Denied: A duplicate registration was submitted by the same registrant for the same beneficiary; all registrations submitted for this beneficiary for FY 2022 are invalid.
• Invalidated-Failed Payment: A registration payment method was declined and not reconciled, invalidating the registration.

Petitioners with selected registrations may file H-1B cap-subject petitions for FY 2022 for lottery selectees during a 90-day window, commencing April 1, 2021 and ending June 30, 2021. As of today, premium processing is being accepted for H-1B cap petitions, but USCIS could suspend premium processing with little notice, as has happened in prior years.

McCown & Evans will continue to monitor the FY 2022 H-1B cap process and will work with employers to file H-1B petitions for selected beneficiaries during the designated filing window.