United States:

USCIS Announces Completion Of Initial H-1B Registration Selection


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Seyfarth Synopsis: USCIS
officially announced that the number of electronic cap
registrations exceeded the regular bachelor’s cap and
advanced degree cap (“master’s cap”) for FY 2022.
USCIS has also completed its initial lottery selections and
confirmed which beneficiaries have been selected in the H-1B cap
lottery. Petitioners with selected beneficiaries may file H-1B
petitions between April 1, 2021 and June 30, 2021.

On March 30, 2021, the United States Citizenship &
Immigration Services (“USCIS”) announced that it has
completed the initial electronic H-1B cap registration
selection 
process
. The total number of registered beneficiaries again
exceeded both cap quotas: the regular H-1B cap (65,000) and the
U.S. master’s cap (20,000).

Employers with selected beneficiaries may file H-1B cap
petitions between April 1, 2021 and June 30, 2021 to the USCIS
Service Center indicated on the electronic registration notice.
USCIS has not confirmed if H-1B cap petitions are eligible for
premium processing, an expedited service that provides a decision
within 15 calendar days for a supplemental government filing fee of
$2,500.

Although USCIS has not yet confirmed the total number of
registrations received, it appears that the number of registrations
in FY 2022 exceeded FY 2021 based on the lower number of confirmed
registration selections this year. Last year (FY 2021), USCIS
received 275,000 cap registrations, resulting in a 31% selection
rate.

We anticipate that deferred registrations will remain pending in
the myUSCIS system as “submitted”
for the rest of the applicable fiscal year unless USCIS opts to
select additional registrations. Last year, on August 24, 2020,
USCIS ran a second round of registration selections and permitted
petitioners to file an H-1B cap petition for selected beneficiaries
within a 90-day window. If USCIS runs a second round of
registration selections again this year, it will likely be after
June 30, 2021.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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