FY 2022 H-1B FILING Begins March 9, 2021

Official details for the FY 2022 H-1B CAP season registration have just been released. It is mostly the same process as last year, using the electronic registration system and selection process.

This year's H-1B CAP registration will begin at 12:00 PM EST on March 9, 2021 and end at 12:00 PM EST on March 25, 2021. This window could extend if USCIS does not receive enough registrations by the 25th, though this is highly unlikely. After the window closes, USCIS will notify applicants if they were selected or not by March 31, 2021.

USCIS also confirmed that the H-1B visa lottery process will not be based on wage this season. Implementation of the wage-based lottery has been delayed until December 31, 2021. The same random selection process will continue as usual.

For anyone not familiar with the process, it should go as follows. As with last year, employers must create registrant accounts on the myUSCIS website and put in a registration for each employee that they want to sponsor. Each employee registration costs $10 and can only be started after March 9th at 12 PM EST. The information required is the employee's name, date of birth, country of birth, country of citizenship, and passport number. Employers must also provide their name, employer identification number (EIN), and mailing address. 

Duplicate registrations are not allowed and will result in denial of all of them.

After the lottery, selected applicants will be sent a registration selection notice with details on where to file their petition and during what time period. April 1st, 2021 is the first date that petitions can be filed. One thing to note is that even if an applicant is not selected at the end of March, there is still a chance that they are picked later on. Numbers free up as some of the initially selected drop out. Selection can occur as late as the end of summer.

A more detailed timeline of what to expect can be found here.

Employers and employees should both start planning the H-1B application immediately.  Job duties and requirements must be carefully analyzed to ensure compliance with the H-1B visa program requirements.  They should also begin creating their registration accounts and gathering the necessary employee information as soon as possible. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.)