US announces completion of H-1B cap lottery process for FY 2022. What’s next?

Published on Mar 31, 2021 03:34 PM IST

The online accounts of H-1B registrants will now show one of the four statuses - ‘Submitted’, ‘Selected’, ‘Denied’, and ‘Invalidated-Failed Payment’.

At least 90 days window will be available to file the H-1B cap-subject petition.(AFP / Representational Image)
At least 90 days window will be available to file the H-1B cap-subject petition.(AFP / Representational Image)
By | Edited by Kunal Gaurav, Hindustan Times, New Delhi

The US Citizenship and Immigration Services (USCIS) on Tuesday announced the completion of the H-1B cap lottery process for the fiscal year 2022. The US immigration agency said in a statement that they have received enough e-registrations during the initial registration period to reach the H-1B quota of 85,000, including the advanced degree exemption, also known as the master’s cap.

“We randomly selected from among the registrations properly submitted to reach the cap. We have 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,” the USCIS stated.

The online accounts of H-1B registrants will now show one of the four statuses - ‘Submitted’, ‘Selected’, ‘Denied’, and ‘Invalidated-Failed Payment’. The ‘Denied’ status would show in case multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary.

What’s next?

Detailed H-1B cap-subject petitions for those selected in the lottery process, including petitions eligible for the master’s cap, now have to be filed by the sponsoring employers from April 1, 2021. At least 90 days window will be available to file the H-1B cap-subject petition at the correct service centre as online filing is not available for H-1B petitions.

“Selection in the registration process does not relieve the petitioner from submitting evidence or otherwise establishing eligibility, as registration only pertains to eligibility to file the H-1B cap-subject petition,” the agency said.

The lottery system continued to apply for the current season since the department of homeland security (DHS) has delayed the implementation of proposed changes to the H-1B registration system and selection process until December 31, 2021. The delay is supposed to provide more time for the immigration agency to train its staff and give stakeholders time to adjust to the new rule. The H-1B visa allows American companies to employ foreign workers in speciality occupations that require theoretical or technical expertise, of which the vast majority are from India and China.

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