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H-1B Cap Reached for FY 2022

For candidates in the STEM field with hopes of obtaining an H-1B visa, the cap has been reached for the Fiscal Year 2022, with a job start date of October 1, 2021.

H-1B Initial Electronic Registration Selection Process Completed

As of March 30, 2021, USCIS 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), which earmarks 20,000 visa spots for holders of an advanced degree. USCIS randomly selected from among the registrations properly submitted to reach the cap, and has 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. Applications must be filed within 90 days.

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.

What to Do If You Weren't Selected in this Year's Lottery

In the event that you have not received a notice that your application was selected, there is a small chance that your application could be selected later, as the number of qualified registrants is reduced by applications that are rejected, or for candidates who cancel their application. In fact, one of our client's employees received notification that she was selected in mid-August last year. However, this is more the exception than the rule.

Therefore, it is prudent to immediately explore other visa or Green Card options that may be available to you now, or in the future.

To find out what you may qualify for, complete our immigration questionnaire, or schedule a consultation with our attorneys, who have a combined three decades of legal experience. Don't spend hours of your time looking for information online that could be outdated or inaccurate! Get real options for our team that will customize an immigration approach that fits your experience and goals.

The Grady Firm works with dynamic employers and employees across the country to prepare successful employment-based visa and Green Card applications. In addition, we help individuals, families, employees, business owners, and investors obtain non-immigrant and immigrant visas (B-1/B2, H-1B, H-2A, H-2B, L-1A, L-1B, O-1, TN, E-2, E-3), as well and Green Cards and citizenship based on family relationships, investment, or employment.

This article is for informational purposes only, and does not constitute legal advice or create an attorney-client relationship. This article does not make any guarantees as to the outcome of a particular matter, as each matter has its own set of circumstances and must be evaluated individually by a licensed attorney.


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