By: Angelita Chavez-Halaka, Armando Escobedo, and Gladys Gervacio

Due to the impact of the coronavirus (COVID-19) pandemic, United States Citizenship and Immigration Services (USCIS) announced that there will be a delay in data entry and receipt notices for fiscal year (FY) 2021 H-1B cap petitions. Petitioners will not get their receipt notices until May 1, 2020 at the earliest.

USCIS will begin intake processing and data entry on petitions based on the order they are received at their respective service centers. Petitions will be stamped with their receipt date and will maintain this date if filed correctly.

Processing times for FY 2021 H-1B cap petitions will also be delayed. USCIS will strive to process petitions with impending expiration and start dates efficiently.

No extension on h-1b cap petition filings

There will be no extension for filing H-1B cap petitions. Employers who receive a selection notice must file a complete petition for the beneficiary during the time window listed in the notice. USCIS has requested that petitioners do not seek an update on petition status before getting their receipt notice.

Service center transfers

Some H-1B cap petitions may be transferred between service centers to help USCIS manage their workload. Employers will receive a transfer notice for cases that are transferred, and they should direct future communication to their new service center. However, employers should still file their H-1B cap petitions with the service center listed on their selection notice.

conclusion

For help filing H-1B cap petitions for selected workers, schedule a consultation with an experienced Chugh, LLP attorney at info@chugh.com.