USCIS Announces Registration Period for FY 2022 H-1B Cap Season

Obermayer Rebmann Maxwell & Hippel LLP

Obermayer Rebmann Maxwell & Hippel LLP

U.S. Citizenship and Immigration Services (“USCIS”) has announced that the initial registration period for the fiscal year 2022 H-1B cap season lottery will open at 12pm EST on March 9, 2021 and will run through March 25, 2021.

Because the demand for H-1B visas typically exceeds the number of visas available for a given year, USCIS conducts an annual lottery in order to determine which petitions will be selected for full adjudication to receive an H-1B visa. Importantly, the agency will not be implementing a new rule that was pushed through by the outgoing Trump administration that would alter the random selection process by giving a preference to petitions paying a higher prevailing wage to the sponsored employee (implementation of this new rule has been postponed until December 31, 2021).

This year, USCIS will be using the same electronic registration process that it implemented last year. During the registration period, attorneys and employers will submit an electronic registration for all employees that they seek to sponsor for the upcoming fiscal year through their myUSCIS online account. The registration fee is $10. To register, basic company and biographic information about the beneficiary is entered into the system, which will generate a unique confirmation number.  At the close of the registration period, USCIS will conduct the random lottery selection process. The government states that it intends to notify selected registrants by March 31, but historically, the notifications have bled over into April. Selected registrants will have 90 days from the date of notification by which to submit the complete H-1B petition to USCIS for processing.

USCIS has not yet confirmed whether Premium (expedited) Processing will be available this year. The earliest effective date for a FY 2022 H-1B petition to activate is October 1, 2022. 

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Obermayer Rebmann Maxwell & Hippel LLP | Attorney Advertising

Written by:

Obermayer Rebmann Maxwell & Hippel LLP

Obermayer Rebmann Maxwell & Hippel LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.