Wednesday, March 31, 2021

FY 2022 H-1B Cap Season Updates

H-1B Initial Electronic Registration Selection Process Completed

USCIS has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2022 H-1B numerical allocations (H-1B cap) including the advanced degree exemption (master's cap). We randomly selected from among the registrations properly submitted to reach the cap. We have notified all prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.

Registrants' online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered):

  • Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.
  • Selected: Selected to file an H-1B cap petition.
  • Denied: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.
  • Invalidated-Failed Payment: A registration was submitted but the payment method was declined, not reconciled, or otherwise invalid.

For more information, visit the H-1B Electronic Registration Process page.

FY 2022 H-1B Cap Petitions May Be Filed Starting April 1

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.

Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2022, and only for the beneficiary named in the applicable selected registration notice.

When completing Form I-129, Petition for a Nonimmigrant Worker, please ensure that the below question is included as Question 5 in Supplement H on page 13. If you have already filled out Form I-129 and this question was not included, you may replace Supplement H in your petition by printing out and completing pages 13 and 14 from the current version of Form I-129 on uscis.gov and including them with your petition. Starting July 1, 2021, we will only accept the 03/10/21 edition of Form I-129. Until then, you can also use the 09/30/20 and 01/27/20 editions.

Question 5

An H-1B cap-subject petition must be properly filed at the correct service center and within the filing period indicated on the relevant registration selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days. Online filing is not available for H-1B petitions, so petitioners filing H-1B petitions must do so by paper. Petitioners must include a printed copy of the applicable registration selection notice with the FY 2022 H-1B cap-subject petition.

Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still establish eligibility for petition approval at the time the petition is filed and through adjudication, based on existing statutory and regulatory requirements. Selection in the registration process does not relieve the petitioner from submitting evidence or otherwise establishing eligibility, as registration only pertains to eligibility to file the H-1B cap-subject petition.

For more information, visit the H-1B Cap Season page.


U.S. Citizenship and Immigration Services  20 Massachusetts Ave NW, Washington DC 20529  1-800-375-5283

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Join us next Tuesday, April 6, 2021, from 2-3 p.m. ET for the Insights Outreach webinar: Program Exploration | Finding Your Way through LRBAA to learn about S&T's Long Range Broad Agency Announcement (LRBAA).  LRBAA is a standing, open invitation to the scientific and technical communities to propose novel ideas that address the highest priority operational needs for DHS components. During this live webinar, you will hear from DHS S&T's LRBAA Program Manager about the latest release of new topics, and how to use the LRBAA Program to work with S&T to fulfill DHS research and development (R&D) needs.

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U.S. Immigration and Customs Enforcement (ICE) Headline News - Top 25 Update

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HSI agents arrested Austin Kidd, 27, March 17, 2021, at his residence. After appearing before a U.S. Magistrate Judge, he was ordered held in custody pending trial.

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Tennessee man faces child pornography charges

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HSI agents arrested Austin Kidd, 27, March 17, 2021, at his residence. After appearing before a U.S. Magistrate Judge, he was ordered held in custody pending trial.

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ICE officers removed three public safety threats who combined have criminal convictions by the state of Washington that include child molestation, rape of a child, and sex abuse. All three Mexican citizens and were removed to Mexico, March 23.

Conrado Virgen Mendoza, 37, was sentenced today to 21 months in prison for conspiring with others to assist his brother in fleeing to Mexico to avoid prosecution for the murder of Newman Police Corporal Ronil Singh during a traffic stop and for possessing false immigration documents.

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South Texas man faces 15 years in prison for possessing over 1,000 videos and images of child pornography

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Chance Wallace, 47, from Brownsville, was ordered to serve 15 years in federal prison to be followed by eight years of supervised released.

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