Some H-1B visa seekers can re-submit their applications. Know who can re-apply and how

  • The H-1B visa allows US companies to hire foreign workers in specialty professionals that require theoretical or technical expertise.
The USCIS implemented an electronic registration process for the H-1B cap in 2020..(NYT representative image)
The USCIS implemented an electronic registration process for the H-1B cap in 2020..(NYT representative image)
Published on Jun 24, 2021 11:58 AM IST
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By | Written by Deepali Sharma | Edited by Amit Chaturvedi, Hindustan Times, New Delhi

Individuals seeking H-1B visa for the US will now be allowed to re-submit their applications. The H-1B visa is known to be the most sought-after non-immigrant visa among Indian IT professionals.

Tech companies depend on the visa to hire thousands of employees every year from countries like India and China. The H-1B visa allows US companies to hire foreign workers in specialty professionals that require theoretical or technical expertise, according to PTI.

Also read: Infosys sees massive hike in H-1B approval rates, says COO Pravin Rao

Who can submit the applications again

The US Citizenship and Immigration Services (USCIS) said on Wednesday that re-submission of applications is for those whose applications have been rejected or administratively closed solely because the requested start date was after October 1, 2020.

“If your FY 2021 petition was rejected or administratively closed solely because your petition was based on a registration submitted during the initial registration period, but you requested a start date after Oct. 1, 2020, you may re-submit that previously filed petition, with all applicable fees,” USCIS said.

The agency said upon reconsideration it was found that it no longer believes that the regulations required us to reject or administratively close those petitions.

How to file petition

The USCIS added that such petitions must be re-submitted before October 1, 2021. If submitted properly the petition will be reconsidered to have been filed on the original receipt date.

Prospective petitioners seeking to apply H-1B cap-subject petitions, including for beneficiaries eligible for the advanced degree exemption, must first electronically register and pay USD 10 as registration fees for the visa. The USCIS implemented an electronic registration process for the H-1B cap in 2020.

“The electronic registration process has streamlined processing by reducing paperwork and data exchange and provided overall cost savings to employers seeking to file H-1B cap-subject petitions,” the agency said.

In order to submit an H-1B registration, one must first create a USCIS online account on this link https://myaccount.uscis.gov/users/sign_up. Prospective petitioners must use “registrant” account within 'myUSCIS' to submit registrations.

When resubmitting the petition the individual needs to include FY 2021 H-1B cap registration selection notice. If they received a rejection or administrative closure notice for the original FY 2021 H-1B cap petition, that should be included too.

"We also encourage the use of a brightly colored coversheet indicating that you are refiling an FY 2021 H-1B cap case that was originally rejected or administratively closed solely because your petition was based on a registration submitted during the initial registration period, but you requested a start date after Oct. 1, 2020. This will help ensure that it is reviewed upon receipt, the USCIS said.

Meanwhile, for fiscal 2021, the number of petitions filed during the initial filing period was below the number projected as required to reach the numerical allocations, as per the agency.

This lack is reported to be likely related to multiple factors like economic, political and public health uncertainty due to the Covid pandemic. Additionally, 2021 was the first year when the electronic registration process was implemented.

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Monday, May 23, 2022