H-1B CAP Second Draw After 6/30 Deadline?

 

The deadline for filing cap H-1B petitions based on the first drawing is just around the corner.  Employers must submit complete H-1B petitions to USCIS Service Centers by June 30, 2023.  If your case was selected in the first draw, consider yourself very luck.  The selection rate in the first draw was about 15% only.  Work with your employers to get your complete H-1B petitions submitted as soon as possible. Do not wait until the last minute.  Murphy's Law says that anything that can go wrong will go wrong, usually at the worst possible moment.  Human errors or bad weather can result in unexpected delays.

The low selection rate in the first draw raises another question: would there be a second draw this year?  Very likely.  The low selection rate means that there are many instances of multiple registrations for the same employee this year.  USCIS reported that more than 400,000 registrations entered are for beneficiaries with multiple registrations. These individuals were selected multiple times based on selections by different employers. They cannot possibility take advantage of all their selections to file an H-1B petition.  As such, it is very likely that many selections will be abandoned, leaving additional visa numbers for a second draw.

Another factor that comes into play is the U.S. government's intent to crack down unlawful means to game the system. Specifically, the DHS is actively investigating situations in which related employers working together and entering multiple registrations for the same applicant. The goal was to increase the chance for selection.  As a result, some selected registrations could be voided or cancelled by USCIS, if they are found to have been submitted by related employers.  As of now, it is unknown how many registrations are affected by this law enforcement efforts.

If there is a second draw, it is likely to happen very soon in July after the filing deadline of the first draw. Employers should pay attention to their myUSCIS account to watch out for any updates or changes in registration status.  If an employee's registration is selected, USCIS will first notify the employer through an update of the case status. The actual selection notice will then be uploaded in the system and also mailed to the employer soon after. 

If you are waiting for the results of the second draw, there are things that you can do to prepare for it.  Have your passport, I-94, and also educational documents ready.  Request for an official transcript from your college if you don't have a copy yet. Make sure that your Form I-20s are updated with correction information. Other documents including your Optional Practical Training (OPT) documents, pay statements, W-2 salary reports, etc., would also be required for your H-1B filing. 

The filing window of the second draw, if there is one, will be close to October 1st, the beginning of the fiscal H-1B employment period.  Stay in touch with your employer and school DSO to make sure that quick actions can be taken if you do get selected in the second draw.  If you have any questions, consult with an experienced immigration attorney. 

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