By: Jacqueline Valle

United States Citizenship and Immigration Services (USCIS) performed a third random selection of previously submitted H-1B cap subject registrations for fiscal year (FY) 2022 on November 19, 2021. The agency did not receive enough H-1B petitions to fill its minimum annual cap, including advance degree exemptions, for fiscal year 2022.

Petitioners may file H-1B petitions for candidates chosen during the third-round selection process. If selected, a petitioner will see their beneficiary’s status on their myUSCIS account updated with a selection notice. These petitioners may file an H-1B application between November 22, 2021 and February 23, 2022. Details regarding individual filing requirements can be found in each petitioner’s myUSCIS portal.

previous selection rounds

USCIS considers historical data regarding approval, denial, revocation, and other factors before determining the number of registrations required to fill the year's numerical allocation.

A first round of random selection occurred in March 2021, with a filing period from April 1, 2021, to June 30, 2021. USCIS conducted a second random selection round in July 2021 from electronically submitted registrations, with a filing period from August 2, 2021, to November 3, 2021.

filing an H-1B Petition

Petitioners must properly file their H-1B cap petition, which must include a copy of the registration selection notice, with the correct service center listed on the selection notice. Online filing is not currently available.

All petitioners, including those filing for beneficiaries with an advanced degree exemption, must include all applicable evidence required to confirm eligibility based on statutory and regulatory requirements. Selection in the H-1B lottery allows a petitioner to submit an H-1B cap-subject petition, but does not guarantee petition approval.

Additional information, like filing and eligibility requirements, can be found on USCIS’s official H-1B cap season website. 

conclusion

For timely assistance filing an H-1B petition, contact your Chugh, LLP immigration professional.