Key Points
- Effective immediately, USCIS will accept resubmissions of certain FY 2021 H-1B petitions closed or rejected due to a start date after October 1, 2020
- Through Oct. 1, 2021, USCIS will accept petition resubmissions for a requested start date after Oct. 1, 2020
- Individuals should include their original FY 2021 H-1B cap registration selection notice and initial rejection or administrative closure notice
- Petitioners should include a brightly colored cover sheet indicating that they are refiling an FY 2021 H-1B cap case that was initially closed or rejected due to a start date after October 1, 2020
- USCIS is reconsidering those petitions after concluding that it is not required to reject or close the petitions based on governing regulations
Overview
Starting on June 23, 2021, US Citizenship and Immigration Services (USCIS) will accept resubmissions for fiscal year (FY) 2021 H-1B cap subject petitions that were closed or rejected because the requested start date was later than October 1, 2020.
What are the Changes?
Through October 1, 2021, individuals may resubmit an FY 2021 petition with a requested start date after October 1, 2020, if their initial application was closed or rejected during the initial registration period.
Individuals may resubmit their petition and all applicable fees to the proper address below:
USPS
USCIS TSC
Attn: H-1B CAP Filings FY21
6046 N Belt Line Rd. STE 107
Irving, TX 75038-0010
FedEx, UPS, and DHL Deliveries
USCIS TSC
Attn: H-1B CAP Filings FY21
6046 N Belt Line Rd. STE 107
Irving, TX 75038-0010
Forms I-129/I-907 Premium Processing
USCIS TSC
Attn: H-1B CAP Filings FY21
6046 N Belt Line Rd. STE 907
Irving, TX 75038-002
Along with the petition, individuals must include their FY 2021 H-1B cap registration selection notice and rejection or administrative closure notice, if applicable, for the original FY 2021 H-1B cap petition.
Background
In FY 2021, the number of petitions that USCIS received in the initial filing period was less than the number needed to meet numerical allocations. USCIS attributes the reduced filing volume to numerous factors, including political, public health, and economic reasons. From August 2020 through November 16, 2020, USCIS selected additional registrations that were previously placed in reserve. Some petitioners indicated a start date after October 1, 2020. USCIS initially closed the petitions due to the start date. However, the agency is reconsidering those petitions after concluding that it is not required to reject or close the petitions based on governing regulations.
Looking Ahead
USCIS is accepting applicable petitions immediately. To ensure review upon receipt, petitioners should include a bright cover sheet indicating that they are refiling an FY 2021 H-1B cap case that was initially closed or rejected due to a start date after October 1, 2020.
