As per a March 30, 2021, News Alert by US Citizenship and Immigration Services [USCIS], the H-1B initial electronic registration selection process has been completed for the Fiscal Year [FY] 2022.
FY 2022 H-1B cap petitions might be filed starting April 1, 2021.
H-1B cap-subject petitions for FY 2022, including petitions eligible for the advanced degree exemption, might be filed with USCIS from April 1, 2021.
Only the petitioners with selected registrations might file H-1B cap-subject petitions for FY 2022, and only for the specific beneficiary that is named in the applicable selected registration notice.
According to the official communication, USCIS has received sufficient electronic registrations during the initial registration period in order to reach the FY 2022 H-1B numerical allocations or ‘cap’.
This includes the advanced degree exemption or the master’s cap.
The H-1B US visa is for –
· Specialty occupations
· Department of Defense [DOD] cooperative research and development project workers, and
· Fashion models of “distinguished merit and ability”.
65,000 new statuses/visas are to be issued in a year as per the H-1B annual numerical limit or ‘cap’.
20,000 additional H-1B petitions are to be filed annually on behalf of beneficiaries that had a Master’s degree or higher from a US highesteducationinstitution.
An H-1B specialty occupation worker or fashion model might be admitted into the US for a period of up to 3 years. While the time period might be extended, it generally cannot go beyond a total of 6 years. Exceptions apply.
Previously, a final rule had been published – on January 8, 2021 – replacing the annual H-1B cap lottery process with a salary-based selection process. The final rule was to come into effect within 60 days of the publication of the final rule.
Nevertheless, as per the March 30 News Alert by USCIS, “We randomly selected from among the registrations properly submitted to reach the cap”.
All prospective petitioners with their registrations selected have been notified by USCIS that they were eligible for filing an H-1B cap-subject petition for the beneficiary named in the corresponding selected registration.
|Statuses for H-1B registrations
The online account of the registrant will show either of the 4 statuses for each of the registrations –
|Submitted||Registration submitted, eligible for selection unless subsequently invalidated.|
|Selected||Selected for filing an H-1B cap petition.|
|Denied||Multiple registrations submitted, denied as duplicate registration.|
|Invalidated-Failed Payment||Registration submitted, but payment method declined/invalid or not reconciled.|
90 days will be provided for the filing of an H-1B petition to USCIS. Commencing on April 1, 2021, the H-1B petition filing period will end on June 30, 2021.
Generally, H-1B petitions might be expedited by paying an additional fee towards “premium processing” of H-1B.
Once the H-1B petition has been selected, the employers or their attorneys can complete the petitions on behalf of the beneficiaries,submitting them within the filing window.
Following USCIS approval of a H-1B cap-subject petition, the beneficiary can proceed for visa stamping within 90 days of the employment start date, arriving in the US 10 days before the employment start date.
The employment start date for all H-1B cap-subject cases is usually October 1 on the year that the petition is filed.
The USCIS fiscal year runs from October 1 of each year to September 30 of the following year.
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