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Key Points 
  • USCIS has announced key dates for the FY 2022 Cap-Subject H-1B selection process  
  • The registration period will open on March 9, 2021 at 12:00 PM EST and close on March 25, 2021 at 12:00 PM EST  
  • USCIS will intends to notify selected registrants on by March 31, 2021  
  • Full H-1B cap-subject petitions will be accepted starting on April 1, 2021  
  • A $10 registration fee per petitioner is required  
  • USCIS will continue to use an electronic registration process for H-1B petitions  
  • USCIS will select H-1B petitions using a random lottery selection process for FY 2022  

US Citizenship and Immigration Services (USCIS) will open the registration period for FY 2022 H-1B cap-subject petitions on March 9, 2021 at 12:00 PM EST. The registration period will close on March 25, 2021 at 12:00 PM EST.

What are the Changes? 

USCIS has announced registration deadlines and notification timelines for FY 2022 H-1B cap-subject petitions. Following the end of the H-1B registration period on March 25, 2021, USCIS will notify registrants which of their employees were selected, allowing the filing of a full petition. USCIS intends to notify selected registrants by March 31, 2021. The agency will start accepting full FY 2022 H-1B cap-subject petitions on April 1, 2021.

H-1B petitioners and beneficiaries can find instructions on the USCIS website for electronic registration.

What Should Employers and Applicants Know? 

USCIS will continue to use an electronic registration process for the FY 2022 H-1B selection process. The agency introduced the electronic registration system in 2020 for FY 2021 petitioners. Petitioners who wish to file an H-1B cap-subject petition must register electronically first to file their petition, including for beneficiaries who are eligible for the advanced degree exemption.

Petitioners should note that the status of registrations that are not chosen during the initial lottery will have a status of “Submitted” rather than being denied or invalidated. USCIS will not notify registrants whose application status is “Submitted” until it has determined that it has reached the H-1B cap for FY 2022.

A $10 H-1B registration fee is required for every beneficiary registered.

Looking Ahead 

As announced yesterday, USCIS will continue to use a random lottery to select H-1B petitions for FY 2022. The transition to a wage-based selection process, which is now delayed through December 31, 2021, will not impact this year’s H-1B cap selection.

For more information please see the CIP News Page

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