USCIS determined an additional selection of previously electronically filed registrations are required to reach the FY 2022 allocations. The petition filing period will be from August 2 and close on November 3. If selected, individuals will be notified through their myUSCIS accounts, noting when and where to file. At the time of this writing, the USCIS site is down. We recommend checking back later in the day or evening. If you are a client of ILBSG, we are aware of and monitoring the situation and will reach out to you as soon as we have access to the information.
Previously, USCIS completed the initial random selection of properly submitted electronic registrations. This included those beneficiaries that qualify for the advanced degree exemption. Using historical data, per regulations, USCIS calculates the number of registrations required to meet the H-1B cap for any given fiscal year. Using these calculations, USCIS determined another set of selections is required.
H-1B cap-subject petitions must be properly filed. This includes using the correct service center within the filing period, as noted on the relevant registration selection notice. Online filing is not available for H-1B petitions. Those filing must do so by paper and must include a copy of their selection notice with the FY 2022 H-1B cap-subject petition.
The registration selection only notes the petitioner is eligible to file the H-1B cap-subject petition. Currently, USCIS is not noting the approval date. Those selected must submit evidence and establish eligibility for approval, based on existing statutory and regulatory requirements.
If you have questions about the H-1B process or any immigration-related issue, contact us at ILBSG. We work with you to monitor ongoing developments to ensure you get the right advice.
