USCIS has received sufficient electronic H1-B applications in the initial online registration period to meet the 85,000 cap for FY 2022. The agency has conducted a random computerized lottery to select these H1-B petitioners who now have to submit a detailed petition. This includes both advanced degree exemption (master’s cap) as well as for the remaining 65,000 skilled foreign labor.
If all is well and the petition goes through without an RFE, these chosen petitioners can begin work in the U.S. starting October, 1, 2021.
48% Increase in RFE Issuance in 2019
22% RFEs in 2015
As of now, all selected registrants have been notified and they may file a detailed H-1B cap-subject petition for the beneficiary named in the online registration.
Are You Selected – How To Find Out?
Firstly, Congratulations!! The annual H1-B program is a highly sought-after work visa program that is offered by the United States.
Online Account: The online USCIS account is the first point of contact by USCIS. This will be updated automatically with a status change when the beneficiary is selected for the H1-B 2022 lottery.
The online accounts that were created since March 2, 2021 will reflect new statues as USCIS informs the selected H1-B petitioners through them. Please look out for the following statuses for each registration to know if you have been selected:
- Submitted: The account will say submitted once the registration has been submitted and is eligible for selection. This registration remains eligible for selection for all subsequent selections for the FY2022.
- Selected: If actually selected in the random lottery, the account will reflect ‘Selected’ and the registrant will be eligible to file an H-1B cap petition.
- Denied: If multiple registrations were submitted for the same registrant/beneficiary, it will be denied on the basis of being a duplicate registration. All registrations will therefore be invalidated henceforth for that fiscal year.
- Invalidated-Failed Payment: This will show up if registration was submitted but the payment method was declined, not reconciled, or otherwise invalid.
Form I-797: USCIS sends out an H1-B approval notice in the form of Form I-797. This would be the official documentation communicating your selection.
Legal Counsel: If your company has recruited legal immigration counsel, they will be the main point of contact and will be receiving notifications from USCIS directly. Talk to them to get an update.
SEVIS Information: For international students, this is the fastest way to know the lottery results.
The Student and Exchange Visitor Information System maintains information pertaining to non-immigrant students. If you are applying under the Master’s cap and are selected, the SEVIS record will be promptly updated with the H1-B information.
H1-B 2022 Next Steps: If Selected THIS is What You Should Do
Once you have confirmed that you have been selected for the H1-B cap 2022, detailed and completed petitions may be filed starting April 1, 2021. This will be open until June 30, 2021.
- Only petitioners with selected registrations can file completed H-1B cap-subject petitions for FY 2022. This is non-transferrable to any other beneficiary if not named in the applicable selected registration notice.
- The completed H-1B cap-subject petition must be filed at the correct service center. Sending it to the wrong service center can lead to unnecessary delays, if not a denial.
- Online filing is not available for H-1B petitions. The paper-application for H1-B 2022 must include a printed copy of the registration selection notice.
- The completed petition should include documentary evidence to establish eligibility, and include academic qualifications, work experience and a detailed job/task plan to confirm why this beneficiary is needed to work in the U.S.
- Form I-129, Petition for a Nonimmigrant Worker: Please remember to include pages 13 & 14 if you are using 09/30/20 and 01/27/20 editions of the I-129. Starting July 1, 2021, USCIS will only accept the 03/10/21 edition of Form I-129.
