The H1B FY 2022 Cap registration period closed on March 25, 2021 at 12 pm E.S.T. The USCIS is no longer accepting registrations after that time and date. For those, that did submit a registration during the registration period, here is what to expect next. For those, who did not submit a registration during the registration period please contact an attorney at ILBSG through the MyEsq platform (https://myesq.bizlegalservices.com/) to check if you qualify for cap exempt petition or other employment visa.

Lottery Process
USCIS will conduct two lotteries between March 25, 2021 through March 31, 2021 to randomly select the individuals who can petition for an H-1B. USCIS will notify the account holders by March 31, 2021 when the case is updated from “Submitted” status to “Selected” status. USCIS can also notify post March 31, 2021 if they find H1B visas are still available.

The first lottery which is “regular cap” includes all candidates including those who hold a master’s degree and who have registered for an H-1B filing. Selections will be made at random for the regular H-1B cap of 65,000.

The second lottery which is “master’s cap” chooses from all registered candidates who hold a master’s degree and includes those that were not previously selected. A max of 20,000 individuals will be selected from this pool for holders of U.S. advanced degrees.

Results of Lottery
USCIS will notify the employer’s counsel or authorized individual through registered email and text message by March 31, 2021 when the case is updated from “Submitted” status to “Selected” status. Those candidates who are selected will receive a “Selection notice” identifying the USCIS Service center and the deadline within which USCIS will have to receive the corresponding H1B application for that candidate. All H1B applications must have an October 1, 2021 start date listed in the I-129 or will risk rejection.

Petition Filing Period
All H-1B cap petitions must generally be filed within the 90 days following April 1, 2021. For some specific groups, such as an F-1 student working on OPT who requires cap-gap protection, the H1B filing must be completed prior to employment authorization expiration. If the beneficiary has filed under master’s cap and is waiting to complete a qualified degree, the H1B filing must be completed after the degree is awarded to the individual.

The Adjudication Period
USCIS expects to receive many filings from April 1, 2021 which may cause some delay in the adjudication. As of the time of this writing, premium processing has not been halted. However, in the past, premium processing has been suspended with little to no advance notice.

Over the coming weeks, be on the lookout for emails coming from the USCIS and your Attorney. Login to the USCIS portal to see which of the filings have been selected.

If you have questions about your specific situation and any required response dates, contact an attorney at ILBSG. We work with you to understand your specific situation and get you the right advice.

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