USCIS: Fresh petitions for H-1B visas to be accepted from August 2

USCIS has conducted a second random selection from the previously submitted Financial Year 2022 H-1B cap registrations.

In March 2021, an initial random selection had been conducted by USCIS. Only the petitions with selected registration for FY 2022 are eligible for filing H-1B cap-subject petitions. For those with selected registrations for FY 2022, the initial filing period was between April 1, 2021 through June 30, 2021.

Recently, USCIS came to the finding that additional registrations had to be selected by USCIS towards reaching the FY 2022 numerical allocation.

On July 28, 2021, USCIS made a random selection from the previously submitted electronic registrations. For the registrations selected on July 28, 2021, the petition filing period will begin on August 2, 2021 and close on November 3, 2021.

H-1B petition filing period for FY 2022
For registrations selected in March 2021	April 1, 2021 through June 30, 2021
For registrations selected on July 28, 2021	August 2, 2021 and close on November 3, 2021

H-1B cap petitions, for the Financial Year 2022, could be filed starting April 1, 2021.

As per U.S. Citizenship and Immigration Services [USCIS], “H-1B cap-subject petitions for FY 2022, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2021, if based on a valid, selected registration.”

What is the H-1B?
The H-1B is a nonimmigrant classification that is applicable to individuals that intend to come to the U.S. for perform services in a specialty occupation, services of exceptional merit and ability relating to cooperative research and development project of the Department of Defense [DOD], or serve as a fashion model of distinguished ability. The H-1B is the most sought-after U.S. work visa among Indian professionals.
H-1B	Specialty Occupations
H-1B2	DOD Researcher and Development Project Worker
H-1B3	Fashion Model

H-1B Petition Filing Process

STEP 1: Employer/Agent to submit a Labor Condition Application [LCA] from the Department of Labor [DOL] for certification.

This step is only required for petitions for specialty occupations and fashion models.

STEP 2: Employer/Agent submits completed Form I-129 to USCIS.

STEP 3: Prospective workers outside the U.S. apply for H-1B visa and/or admission into the U.S.

As per the latest FY 2022 H-1B cap season updates –

[1] only the petitioners with selected registrations might file H-1B cap-subject petitions for FY 2022, and

[2] only for the beneficiary that is named in the applicable selected registration notice.

With effect from July 1, 2021, USCIS will only be accepting the 03/10/21 edition of Form I-129.

An H-1B cap-subject petition will be required to be properly filed – within the filing period indicated on the relevant registration selection notice – at the correct service center.

Key takeaways

• The filing period for H-1B cap-subject petition will be at least 90 days
• Online filing is not available for H-1B petitions
• Petitioners filing H-1B petitions must do the same via paper
• The applicable registration selection notice [in the form of a printed copy] to be included with the petition
• At the time of filing of the H-1B application, the petitioner will be required to establish eligibility for petition approval
• Selection in the registration process does not release the petitioner from submitting evidence or otherwise proving eligibility for the H-1B
• Registration is only for determining eligibility for filing the H-1B cap-subject petition

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