USCIS to Accept Resubmission of Certain FY 2021 H-1B Petitions Rejected Due to Start Date

Practice Areas

By: Khadijah Kenyatte

United States Citizenship and Immigration Services (USCIS) will now accept resubmitted fiscal year (FY) 2021 H-1B cap subject petitions that were rejected or administratively closed because the requested start date was after October 1, 2020.

Petitioners can resubmit H-1B petitions that were:

  • Based on a registration submitted during the initial registration period, and
  • Rejected or closed solely due to start dates after October 1, 2020.

These petitions must be resubmitted with all fees attached before October 1, 2021 at one of the below addresses:

  1. USPS
    USCIS TSC
    Attn: H-1B CAP Filings FY21
    6046 N Belt Line Rd. STE 107
    Irving, TX 75038-0010
  1. FedEx, UPS, and DHL Deliveries
    USCIS TSC
    Attn: H-1B CAP Filings FY21
    6046 N Belt Line Rd. STE 107
    Irving, TX 75038-0010
  1. Form I-129/I-907 Premium Processing
    USCIS TSC
    Attn: H-1B CAP Filings FY21
    6046 N Belt Line Rd. STE 907
    Irving, TX 75038-002

BEst practices for resubmission

With the resubmitted petition, the petitioner should include their FY 2021 H-1B cap registration selection notice, and the rejection letter or administrative closure notice for the original application. Petitioners should use a bright cover sheet to indicate the application is a resubmission. This ensures that the application will be reviewed.

policy background

Since H-1B visa electronic registration began in 2020, petitioners register each beneficiary for the H-1B lottery online with a $10 filing fee. The new process reduces paperwork and data exchange, providing cost saving opportunities.

The number of petitions filed in fiscal year 2021’s initial filing period was too low to fill the H-1B cap. The difference was likely a result of the COVID-19 pandemic and the new electronic process. As a result, USCIS selected additional registrations from the reserve in August 2020. The filing period for registrations selected in August ended on November 16, 2020.

USCIS rejected or administratively closed any petitions that were based on timely registrations and that listed October 1, 2020 or later as a start date. The agency no longer believes that it needs to administratively close or reject these petitions based on the regulations.

conclusion

For case-specific questions, please contact the immigration professional with whom you work at Chugh, LLP.

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