The U.S. Citizenship and Immigration Services (USCIS) recently announced that it would conduct a third round of selections from the previously submitted FY 2022 H-1B cap registrations. The agency stated that it needed to select additional registrations to reach the fiscal year (FY) 2022 H-1B numerical allocations, including the advanced degree exemption.

On November 19, 2021, USCIS used a random selection process to choose from among previously submitted electronic registrations. The petition filing period based on registrations selected on Nov. 19 will begin on Nov. 22, 2021, and close on Feb. 23, 2022. A selection notice, which includes details about when and where to file, will be updated on the myUSCIS accounts of individuals with selected registrations.

History

USCIS conducted an initial selection in March 2021. The initial filing period for those with selected registrations for FY 2022 was from April 1, 2021, through June 30, 2021. A second random selection from the properly submitted electronic registrations for the FY 2022 H-1B numerical allocations was conducted by the agency in July, 2021. The petition filing period based on registrations selected in July ended on Nov. 3, 2021.

To calculate the number of registrations needed to meet the H-1B numerical allocations for a given FY, USCIS considers historical data related to approvals, denials, revocations, and other relevant factors. Only those petitioners with selected registrations for FY 2022 are eligible to file H-1B cap-subject petitions.

Points to be noted

• An H-1B cap-subject petition must be filed properly at the correct service center and within the filing period indicated on the relevant registration selection notice.

• Online filing is not available for H-1B petitions. Petitioners filing H-1B petitions must do so by paper and must include a printed copy of the applicable registration selection notice with the FY 2022 H-1B cap-subject petition.

• Registration selection only indicates that petitioners are eligible to file H-1B cap-subject petitions; it does not indicate that the petition will be approved.

• Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still submit evidence and establish eligibility for petition approval based on existing statutory and regulatory requirements.

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