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.
Time period to file your H-1B cap subject petition
For those with a selected registration, an H-1B cap-subject petition must be properly filed at the correct service center and within the filing period indicated on the relevant registration selection notice. According to USCIS, the period for filing the H-1B cap-subject petition will be at least 90 days. Only paper filings with USCIS are available. Electronic filing has not been made available for H-1B petitions.
USCIS has instructed petitioners to include a printed copy of the applicable registration selection notice with the FY 2022 H-1B cap-subject petition to demonstrate eligibility to submit a paper application.
USCIS has also made clear that a selected registration does not mean the beneficiary has been approved for an H-1B visa, and the petitioner maintains the burden of establishing the beneficiary’s eligibility for the H-1B visa.
Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still establish eligibility for petition approval at the time the petition is filed and through adjudication, based on existing statutory and regulatory requirements. Selection in the registration process does not relieve the petitioner from submitting evidence or otherwise establishing eligibility, as registration only pertains to eligibility to file the H-1B cap-subject petition.
We wish everyone luck and look forward to reporting on our approvals in the coming months.
Questions? If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.
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