Our firm has started receiving registration selection notices for cases selected into the FY 2022 H-1B cap. As cases are selected, we will reach out to petitioners and selected registrants to provide notification of lottery selection. For our clients that paid to have their cases prioritized, we will draft and file these cases as soon as possible, beginning on March 31 for USCIS receipt on April 1. For our remaining selected cap cases, we will draft and submit these cases as expeditiously as possible, within the 90-day window provided by the selection notices.
If a registration is not selected by March 31, 2021, it will remain in “submitted” status in case USCIS later determines that it requires additional registrations to meet the statutory quota. In other words, if USCIS does not approve a sufficient number of petitions, or if some selected registrants do not ultimately file with USCIS, there remains the possibility that a “submitted” registration may still be selected. For example, for FY 2021, USCIS had issued additional selection notices in August 2020 due to not receiving sufficient petitions from the initial selection period. However, given the uncertainty of being on the “waitlist,” we will work with employers and registrants to explore other potentially available immigration options.
Our firm will continue to provide updates regarding cap selection. At this time, USCIS has not yet announced the temporary suspension of premium processing for certain cap cases like it has done in past years. Please contact a member of our legal team if you have any questions. And in the coming weeks we will have a webinar that directly discusses the options employers have in the event an employee doesn’t make it in the H-1 Cap lottery – we’ll send that invitation in the next week for those who may be interested in attending.
The Team at Brown Immigration Law
** This newsletter/memo is provided for informational and discussion purposes only. It does not act as a substitute for direct legal contact on an individual basis **