Third H-1B Lottery: USCIS Selects Additional Registrations for the FY 2022 H-1B Cap

Did you participate in the H-1B electronic registration for Fiscal Year 2022? If so, we have some exciting news for you.

In this post we share with you some exciting news for individuals who submitted H-1B registrations for the fiscal year 2022 H-1B cap. On Friday, November 19, 2021, USCIS issued a news alert informing the public that they have selected additional H-1B registrations to reach the fiscal year (FY) 2022 H-1B numerical allocations, including the advanced degree exemption to reach the mandated cap for the H-1B program.

As our readers may recall, USCIS conducted a second lottery on July 28, 2021, making this the third lottery conducted to meet the Congressionally mandated FY 2022 cap.

When did the third lottery take place?

On November 19, 2021, USCIS selected from previously submitted electronic FY 2022 registrations, using a randomized process, to meet the necessary visa quota numbers.

How will you know if you were selected?

Petitioners with selected registrations will have their myUSCIS accounts updated to include a selection notice, which includes details of when and where to file. If you submitted your electronic registration with the assistance of an attorney, you must contact your legal representative/case manager to determine whether you were selected in the November 19^th lottery.

If I was selected in the third lottery on November 19th, when can I submit my paper application by mail?

Only petitioners who were selected in the third lottery will be able to file a paper application with USCIS on behalf of the alien worker. The petition filing period based on registrations selected on November 19^th will begin on November 22, 2021, and close on February 23, 2022.

Petitioner’s must include a printed copy of the applicable registration selection notice with the FY 2022 H-1B cap-subject petition. No online filing system is currently available. Petitioners should ensure that they send their paper application to the correct service center within the filing period indicated on the registration selection notice.

When did the initial FY 2022 lottery occur?

The initial FY 2022 H-1B lottery occurred in March of 2021, at which time USCIS selected from properly submitted electronic registrations to meet the fiscal year (FY) 2022 H-1B cap, including petitions filed for the advanced degree exemption.

Only those petitioners with selected registrations for FY 2022 were eligible to file H-1B cap-subject petitions by mail. The initial filing period for those with selected registrations for FY 2022, took place from April 1, 2021, through June 30, 2021.

Those who were selected in the “second lottery” selection taking place on July 28, 2021, were eligible to file a paper application with USCIS, beginning August 2, 2021, through November 3, 2021.

If I have been selected, does that mean I will receive an H-1B visa?

No. Registration selection only indicates that petitioners are eligible to file H-1B cap-subject petitions. It does not indicate that the petition will be approved and there is no guarantee of approval. Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still submit evidence and establish eligibility for petition approval based on existing statutory and regulatory requirements. The burden of proving eligibility always falls upon the petitioner who is filing the H-1B petition on behalf of the alien worker.

Best of luck to all applicants!

To read the USCIS announcement please click here.

For USCIS updates on the FY 2022 H-1B Cap Season click here.

Questions? If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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