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

Tags: H-1B, H-1B cap, H-1B employees, H-1B Lottery, USCIS
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Photo of Anna H. Morzy Anna H. Morzy

Anna H. Morzy has a comprehensive background in providing legal and policy guidance on fast-evolving immigration laws, regulations, and policies, and in the development and execution of complex, industry-tailored mobility programs.

With nearly 20 years of experience in her field, Anna has a

…

Anna H. Morzy has a comprehensive background in providing legal and policy guidance on fast-evolving immigration laws, regulations, and policies, and in the development and execution of complex, industry-tailored mobility programs.

With nearly 20 years of experience in her field, Anna has a deep understanding of immigration law and global mobility and their critical importance to businesses of all sizes and across varying industries. Her practice focuses on providing counsel to start-ups and established companies on the immigration compliance implications of expansions and mergers and acquisitions and on effective corporate mobility strategy. She provides comprehensive guidance for foreign national employees, evaluates and implements immigration policies, and seamlessly integrates effective mobility and compliance strategies with clients’ unique business models and goals.

Anna’s practice encompasses providing legal guidance on matters related to nonimmigrant visas, permanent residence, naturalization, compliance management and audit representation, EB-5 visas, E-Verify and I-9 programs, and ICE enforcement.

Anna also contributes significantly to the business and immigration community across Illinois. As a member of the Steering Committee of the Illinois Business Immigration Coalition, a former president of the Polish American Chamber of Commerce, and a board member of the Polish Museum of America, she regularly works with top political officials in Illinois to ensure awareness and integration of immigrant communities and businesses. She is a prominent advocate for issues related to U.S. immigration law and the importance of attracting foreign direct investment to Illinois via immigrant-owned businesses and investments.

In addition, Anna is actively involved in immigration policy development through her participation on committees such as the American Jewish Committee/Ford Foundation Immigration Advocacy Project. As a native of Poland, she is fluent in both English and Polish and is personally and professionally a prominent member of Chicago’s Polish community.

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