Filing a FY2022 Cap-Subject Petition USCIS will accept FY2022 H-1B cap-subject petitions for beneficiaries named in valid “Selected” registrations as early as April 1, 2021. The H-1B Registration Selection Notice indicates the Beneficiary Confirmation Number and is valid only for the company and beneficiary listed on the notice. The Registration Selection Notice indicates a specific 90-day filing period for the petition as well as the designated Service Center where the petitioner must file the H-1B petition. For those H-1B registrations selected in March 2021, the filing period is April 1, 2021 to June 30, 2021. Please note that the designated Service Center for filing the FY2022 H-1B cap-subject petition is not based on the location of employer or employment, but rather assigned by USCIS on the Registration Selection Notice. Petitioners should still file their FY2021 H-1B cap-subject petitions at the Service Center designated in their Registration Selection Notice.
USCIS Announces Delay in Data Entry and Receipt Notice Generation for FY2021 H-1B Cap-Subject Petitions. Petitions will be adjudicated in the order in which they are received. As long as the petition is properly and timely filed during the petition filing window it will be adjudicated. Please note that practitioners are encouraged to file their H-1B cap-subject petitions well before the filing window closes in order to avoid any unexpected delivery issues, such as courier delivery delays, or rejections by USCIS due to improper filing.
Process for H-1B Cap Petition Submission for Selected Registrations
Registrations which have been marked as “Selected” will be allowed to download an electronic (PDF format) H-1B cap Registration Selection notice which includes detailed information about the petitioner and the selected beneficiary and advises that the employer has up until June 30, 2021 to submit a fully-prepared and documented H-1B petition with USCIS.
The H-1B petition must include a copy of the Registration Selection notice. The notice also indicates the USCIS service center where the petition should be filed while making it clear that only the named employer can file only for the named beneficiary with no substitutions of beneficiaries permitted.
If the petition is not submitted before the deadline noted in the Registration Selection notice, the registration selection will be void and the H-1B number will be allocated to a different beneficiary as part of a subsequent wait list lottery.
We Recommend Preparing and Filing as Fully-Documented as Possible H-1B Cap Petitions As Early As Possible
We recommend selected registrants consider submitting a fully-prepared and documented petition as early as practicable after the filing window opens on April 1st and definitely well before the June 30th deadline in order to avoid any last-minute glitches or issues.
It may be possible to refile a rejected H-1B cap petition within the deadline, but if an H-1B petition is rejected after June 30th, there is no recourse and the H-1B cap registration will be lost.
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