After months of uncertainty, the H-1B cap selection process for fiscal year (FY) 2022 is shaping up to be similar to the prior year. Human resources professionals should keep a close eye on the H-1B cap selection timeline and prepare for the process as soon as possible. Work closely with your Chugh, LLP attorney to ensure you have a seamless H-1B cap season.
The myUSCIS online H-1B cap registration system has not changed much since it was implemented last year, saving US employers time and money by allowing them to file petitions only for selected H-1B cap-subject cases. United States Citizenship and Immigration Services (USCIS) will also delay the Trump administration’s proposed rule that would prioritize H-1B beneficiaries based on wage level until at least December 31, 2021.
Employers will be able to register prospective H-1B workers for the lottery during a two-week registration period from March 9, 2021 at 12 PM EST through March 25, 2021 at 12 PM EST. A $10 registration fee is due for each beneficiary. Only timely filed registrations are eligible for the lottery.
USCIS will select H-1B beneficiaries and notify petitioners and their representatives of each registrant’s results on March 31, 2021. The agency will conduct a randomized lottery selection process if it receives more registrants than there are cap-subject visas available. However, if USCIS does not receive enough submissions, every registrant will be selected to receive an H-1B visa.
Beginning on April 1, 2021, employers and their attorneys will have 90 days to file H-1B cap-subject petitions for selected beneficiaries. If USCIS does not receive a cap-subject petition for a beneficiary by June 30, 2021, then in most cases they will not be able to receive an H-1B visa for fiscal year 2022.
Registrants that are not selected on March 31, 2021 will be held in reserve over the fiscal year. If not enough cap-subject H-1B petitions are filed or accepted by USCIS to fill the total number of visas allotted for the year, a second lottery will take place. When a second lottery was conducted in August 2020, petitioners had a 90-day window to file the selected petition.
Begin to work with your Chugh, LLP team as early as possible for a seamless H-1B cap registration process. Here are nine useful tips for human resources professionals to successfully complete an H-1B cap sponsorship for FY 2022.
You must file H-1B cap-subject petitions at the address listed on the H-1B selection notice for selected registrants and include the selection notice in the petition. This address may differ from what is listed on the USCIS website. Late filings may be rejected, no matter what caused the delay.
Contact your trusted Chugh, LLP attorney to begin preparing for the H-1B cap season as soon as possible.
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