USCIS H-1B Cap Initial Registration Period: March 9 to 25

FY 2022 H-1B Cap Initial Registration Period Open March 9 to March 25

of Greenberg Traurig, LLP - Inside Business Immigration

Monday, February 8, 2021

The USCIS has confirmed that the FY 2022 H-1B cap initial registration period will be open from March 9, 2021, 12:00 p.m. EST to March 25, 2021, 12:00 p.m. EST.

The USCIS has further confirmed that the H-1B registration process and, if needed, a subsequent lottery will follow the same process as instituted for FY 2021. This means that H-1B cap-subject petitioners and their representatives are required to create and use a myUSCIS online account to register and pay the required $10 registration fee for each beneficiary. Each organization must have a myUSCIS online account for each entity that will sponsor beneficiaries.

The USCIS has also indicated that if it receives more than the requisite amount of registrations by March 25, it will hold a random selection and plans to notify myUSCIS account holders by March 31. USCIS has delayed the implementation of a final rule, which would base the H-1B selection process on wage levels.

As a reminder, the following information is required for each proposed beneficiary to submit the registration:

Beneficiary’s full name, as it appears on their passport
Beneficiary’s date of birth and country of birth
Beneficiary’s passport number and country of citizenship
Confirmation whether the beneficiary is eligible for the U.S. advanced degree cap. A beneficiary is eligible for the U.S. advanced degree cap if they will obtain the advanced degree by the time the H-1B petition is filed with USCIS.

The earliest day a selected FY 2022 H-1B petition will be accepted by the USCIS is April 1, 2021. Petitioners will have a 90-day period to submit petitions. It is recommended to prepare and file supporting Labor Condition Applications with the Department of Labor as soon as possible to ensure that selected FY 2022 H-1B petitions can be filed with USCIS timely.

The USCIS has yet to confirm if and when it will accept Premium Processing requests for FY 2022 H-1B petitions.

The USCIS notice regarding the FY 2022 H-1B cap initial registration period can be found here: H-1B Electronic Registration Process