By: Min Kim

On July 28, 2021, United States Citizenship and Immigration Services (USCIS) conducted a second round H-1B lottery selection process for fiscal year (FY) 2022. The agency did not receive enough H-1B petitions during the initial filing period to meet the annual quota of 85,000 H-1B visas for FY 2022. Employers will have between August 2, 2021 and November 3, 2021 to file petitions for recently selected H-1B beneficiaries.

Newly-Selected Petitions

Employers whose registrations have been selected in the recent lottery will receive an email from USCIS that action has been taken on their case. These employers should log into their myUSCIS online accounts to view the selection notice, USCIS filing location, and further instructions.

Employers must submit a complete H-1B cap-subject petition within the filing period. Currently online filing is not available, and all petitions must be filed with the appropriate service center. Petitioners must include a printed copy of the registration selection notice with the paper filing of their H-1B petitions.

Receiving a registration selection does not mean an H-1B petition is approved. Applicants are expected to submit evidence and establish eligibility to secure approval of their H-1B visa petition.

Background

In March 2021, United States Citizenship and Immigration Services (USCIS) randomly selected H-1B beneficiaries for fiscal year (FY) 2022 from all H-1B cap electronic registrations. The agency uses historical data from approvals, denials, revocations, and other factors to calculate the appropriate H-1B cap registration numbers for each fiscal year.

USCIS did not receive enough petitions to meet the FY 2022 quota during the initial filing period of April 1, 2021, to June 30, 2021.

Conclusion

The Chugh, LLP Immigration team will continue to provide updates to the H-1B cap season as they emerge. For help filing an H-1B petition, or for other case-specific questions, contact your Chugh, LLP immigration professional.