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05 Feb 2021

United States

FY2022 H-1B Cap Registration Window Announced

USCIS has announced the date for the FY2022 H-1B Cap registration period. Prospective petitioners (employers) and attorneys can set up their online accounts now or use their existing myUSCIS accounts. Registrations  for specific beneficiaries seeking H-1B status can be submitted online beginning March 9, 2021 at 9am (PT). All registrations must be submitted before March 25, 2021 at 9am (PT). USCIS will then conduct a random lottery and make an initial round of selections by March 31, 2021. H-1B cap-subject petitions can be filed for those selected registrations from April 1, 2021 through June 30, 2021.  

Last year, the registrations selected in the first round did not result in full use of the annual cap (85,000), so a second round of selections was made in August. There is no guarantee this will happen again in FY2022. Last year was the first time USCIS used the electronic registrations system, rather than requiring prospective petitioners to submit a complete H-1B petition for consideration in the lottery.

USCIS also delayed the effective date of the H-1B Selection Final Rule, which was published in the final days of the previous administration and would have changed the H-1B selection process from a random lottery to a wage-based ranking. If the rule does go into effect, it will not be until FY2023.

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