Dear Stakeholder, The Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) is sending this message to inform you that U.S. Citizenship and Immigration Services (USCIS) indicated it will open the initial H-1B registration period for fiscal year (FY) 2022 at noon Eastern Time (ET) on March 9, 2021 and will close it at noon ET on March 25, 2021. During this period, prospective petitioners and legal representatives will be able to fill out petitioner and beneficiary information and submit their registrations. On a related note, the Department of Homeland Security (DHS) announced it is delaying the effective date of the H-1B Selection Process final rule from March 9, 2021 to December 31, 2021, allowing USCIS more time to develop, test, and implement the modifications to the H-1B registration system and selection process. H-1B Electronic Registration Process On February 5, 2021, USCIS shared the following guidance regarding the H-1B electronic registration process: - A confirmation number will be assigned to each registration submitted for the FY 2022 H-1B cap. This number is used solely to track registrations; registrants cannot use this number to track case status through Case Status Online.
- Prospective H-1B cap-subject petitioners or their representatives are required to use a myUSCIS online account to register each beneficiary for the selection process electronically and pay the associated $10 registration fee for each registration submitted on behalf of each beneficiary. Prospective petitioners submitting their own registrations (U.S. employers and agents, or "registrants") will use a "registrant" account. Legal representatives may add clients to their accounts at any time, but both representatives and registrants must wait until March 9, 2021 to enter beneficiary information and submit the fee.
Please Note: USCIS confirmed that if it receives enough registrations by March 25, 2021, the agency will select registrations randomly and send selection notifications via users' myUSCIS accounts by March 31, 2021. The petitioner only may file an H-1B cap-subject petition on behalf of the beneficiary connected to the registration submitted during the H-1B registration process. Background On January 8, 2021, USCIS published a final rule to modify the H-1B cap selection process, amend current lottery procedures and prioritize wages to protect the economic interests of U.S. workers and better ensure the most highly skilled foreign workers benefit from the temporary employment program. However, on February 4, 2021, DHS announced it will delay the effective date of the H-1B Selection Process final rule from March 9, 2021 to December 31, 2021. More Information For additional information on the H-1B Selection Process final rule effective date delay, see the Federal Register notice and the USCIS H-1B webpage. For more details on the H-1B registration period, see USCIS' H-1B Electronic Registration Process webpage. The CIS Ombudsman will continue to work on requests for case assistance related to H-1B visas and will share further updates on this topic as appropriate. For more information on our office, visit our website. |
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