Articles Posted in H1B FY 2022

champagne-glasses-821435_1920

We are extremely excited to report that USCIS has received enough electronic registrations during the H-1B initial registration period to reach the mandated numerical cap for fiscal year 2022, including for the advanced degree exemption (also known as the master’s cap), and has now selected all registrations eligible to participate in the H-1B visa program.

The H-1B initial electronic registration period came to an end on March 25, 2021, at which time USCIS began the process of randomly selecting from eligible registrations to fill the H-1B cap, including for the advanced degree exemption.

USCIS has now selected those registrations that will move forward and file a paper application with USCIS.

All those who were selected have received a notification of their selection in their myUSCIS online account. Selections in the myUSCIS portal will indicate that the petitioner is eligible to file an H-1B cap-subject petition for the beneficiary that was named in the applicable selected registration.

On behalf of our law office, we extend our congratulations to all those who were selected to move forward with the filing of their petitions.


What happens next?


Now that you have overcome this obstacle, you may be asking yourself, what’s next? Sadly, getting selected in the H-1B visa lottery is just the first step in obtaining an H-1B visa. The second step requires the petitioner to demonstrate the beneficiary’s eligibility for the H-1B visa by filing Form I-129 with USCIS and obtaining approval.

USCIS has announced that all petitioners who have been properly selected in the visa lottery for fiscal year 2022, may file an H-1B cap-subject petition with USCIS, including petitions eligible for the advanced degree exemption, starting today April 1, 2021. Only filings that are based on a valid, selected registration will be accepted by USCIS for FY 2022, and only for beneficiaries named in the selected registration notice.

Those who were not selected must wait to apply again next year.

Continue reading

mattias-diesel-3M2cqBRQmjA-unsplash-1-scaled

Happy Friday! In this blog post, we bring you the latest immigration updates including exciting information about the H-1B cap season for FY 2022 now in full swing, USCIS Flexibility to RFEs/NOIDs and other agency requests, and the Department of State’s update regarding the 2018 Public Charge rule.


H-1B Cap FY 2022 News


The H-1B cap season is now upon us. On March 9, 2021, USCIS opened the mandatory H-1B electronic registration system, in preparation for selection of visas under the H-1B cap for fiscal year 2022. Last year, USCIS introduced a brand-new electronic registration process for the H-1B cap, including the advanced degree exemption. The electronic registration system has been implemented to streamline the application process. Gone are the days when all petitioners were required to submit a paper application by mail for a chance of being selected.

Now the electronic registration process requires prospective H-1B petitioners, seeking authorization to employ H-1B workers subject to the cap, to complete an electronic registration on the USCIS website that asks for basic information about the prospective petitioner and each requested worker.

Only those who submit an electronic registration have a chance of being selected to participate in the H-1B visa lottery. Additionally, only those with a selected registration are invited to submit a paper application by mail to establish eligibility for an H-1B visa.

Yesterday, March 25, 2021, the electronic registration period officially closed. USCIS will now go through the process of randomly selecting from eligible registrations to fill the H-1B cap.

Continue reading

work-2317806_1920

Welcome back to Visalawyerblog! We kick off the start of a brand-new week with some important immigration updates.


USCIS Expands Premium Processing Service to E-3 Petitioners


We are happy to report that beginning February 24, 2021, petitioners filing Form I-129, Petition for a Nonimmigrant Worker, who are requesting a change or extension of status to E-3 classification, will be able to take advantage of premium processing service to expedite processing of their petition. The filing fee for premium processing service for E-3 petitions is $2,500.

What is premium processing?

Premium processing provides expedited processing for Form I-129, Petition for Nonimmigrant Worker and I-140 Immigrant Petition for Alien Workers. The main benefit of this service is a guaranteed 15-calendar day processing time for all those who take advantage of it.

When does the 15-calendar period begin?

The 15-calendar day period begins when USCIS properly receives the current version of Form I-907, Request for Premium Processing Service, at the correct filing address noted on the form.

Once the I-907 is received, USCIS either issues an approval notice, denial notice, notice of intent to deny, or request for evidence within the 15-calendar day period.

Is premium processing available for other petitions?

At the moment premium processing service is only available for I-129 and I-140 petitions. However, H.R. 8337 proposed expanding premium processing service to other types of applications in the future including applications to change or extend nonimmigrant status, applications for employment authorization, and other types of benefit requests.


USCIS Introduces Flexibilities for Certain Students Filing Form I-765 for OPT


We are happy to report that on February 26, 2021, USCIS announced new flexibility policies for certain foreign students who have not received receipt notices for Form I-765 petitions for OPT as a result of USCIS delays.

USCIS has stated that the agency has been experiencing delays at certain lockboxes and has not been able to issue receipt notices for certain Form I-765 applications for optional practical training (OPT) for F-1 students in a timely manner.

As a result, USCIS will provide the following flexibilities to assist certain applicants for OPT who have been impacted by the delays.

Continue reading

beads-5874025_1920

The H-1B cap season for FY 2022 is almost upon us!

USCIS has announced that the H-1B initial registration period for the FY 2022 cap is scheduled to open at noon ET on March 9, 2021 and will remain open until noon ET on March 25, 2021.

As our readers are aware, USCIS recently implemented a new mandatory H-1B electronic registration system for the H-1B cap.

Under this new electronic registration process, prospective petitioners (also known as registrants), and their authorized representatives, who are seeking authorization to employ H-1B workers subject to the cap, must complete an electronic registration process on the USCIS website that requires basic information about the prospective petitioner and each requested worker.

The H-1B selection process will then be run on properly submitted electronic registrations. Only those with selected registrations will be eligible to file H-1B cap-subject petitions.

That means that in order to have a chance of being selected, from now on all prospective petitioners and their authorized representatives seeking to file H-1B cap-subject petitions for FY 2021, including for beneficiaries eligible for the advanced degree exemption, must first register during the registration period (March 9, 2021 to March 25, 2021) and pay the associated $10 registration fee for each beneficiary.

Continue reading