Employers Can Create H-1B Cap Accounts Starting March 2, 2021, and Answers to Your Top H-1B FAQs

By  Angelita Chavez

Employers can create new accounts on United States Citizenship and Immigration Services’ (USCIS) online H-1B cap registration system starting on March 2 at 12 PM noon EST. Employers who already have an account will not need to register again.

Registration for the fiscal year (FY) 2022 H-1B cap season will be open from March 9, 2021 at 12 PM noon EST through March 25, 2021 at 12 PM noon EST. Registrations must be received by USCIS during this period to be entered into the FY 2022 H-1B cap lottery.

Frequently asked questions: H-1b registration 

1. If our organization is working with immigration attorneys for the FY 2022 H-1B cap season, do we need to register for an online account with USCIS?

   Yes. All sponsoring employers will need to create an H-1B cap registration account on myUSCIS starting March 2, 2021 whether they or their immigration counsel will submit registrations.

2. If my organization has multiple entities, do we need to create a separate registration account for each entity?

   If multiple entities at your organization will be sponsoring employees on H-1B visas, then you will need to create a separate USCIS account for each Employer Identification Number (EIN) entity that will be sponsoring employees.

   Please note you cannot use the same email address for multiple registration accounts. Each registration account will require a unique email address.

3. New human resource and representative employees at my organization will be involved in the H-1B cap sponsorship process this year. Do they need to create their own accounts in the USCIS registration system?

   Yes. USCIS will not allow individuals to share the same registration account. A unique registration account is required for each employee that is authorized to sign petitions on behalf of your organization.

4. Which employees at my organization should have a registration account?

   All individuals who typically sign H-1B petitions on behalf of your organization should each create their own H-1B registration account. If the same individual acts as the signatory for multiple entities at your organization, they will need to create a separate registration account for each entity with a unique email address.

5. If we created registration accounts for our organization last year, can we reuse them this year? Can we reuse registrations for individuals who were not selected for H-1B visas in previous years?

   Account holders who are still authorized to sign H-1B registrations and petitions may reuse their registration accounts that were created last year. However, accounts cannot be transferred to different people. New accounts must be created for any new personnel involved in the registration process this year.

   H-1B cap registrations do not carry over from prior years. Organizations will need to register each prospective beneficiary for FY 2022, regardless of whether they have been registered before.

6. When can immigration attorneys begin submitting registrations for the H-1B FY 2022 cap season?

   Your immigration counsel can begin preparing and submitting online H-1B cap registrations on Tuesday, March 9, 2021 at 12 PM noon EST. All FY 2022 H-1B cap submissions are due by March 25, 2021 at 12 PM noon EST. Registrations will not be accepted after this time.

7. What information must be submitted for each beneficiary during a H-1B cap registration?

   You will need to submit the following information for each prospective H-1B worker:
   • Full legal name.
   • Gender.
   • Date of birth.
   • Country of citizenship.
   • Country of birth.
   • Passport number.
   • Eligibility for the advanced degree cap (whether currently or at the time of filing a petition).

   Only one registration can be submitted per beneficiary. If two registrations are submitted for the same beneficiary by the same employer, both registrations will be denied, and the employer will no longer be able to sponsor the prospective employee for FY 2022.

   Multiple different entities can submit registrations for the same beneficiary, but they must be able to show a legitimate business need to register for the beneficiary. USCIS will closely scrutinize registrations for the same beneficiary.

8. How many registrations can my organization submit, and how many beneficiaries are allowed per registration?

   An organization may submit an unlimited number of registrations. However, each registration submission is limited to 250 beneficiaries.

   Your organization may sponsor an unlimited number of beneficiaries for H-1B visas in the FY 2022 cap lottery. However, you must intend to file an H-1B cap petition for every beneficiary that is selected in the lottery. USCIS may closely scrutinize selected H-1B cap registrations that are not ultimately filed with USCIS.

9. Does our organization have to be involved in submitting an H-1B cap registration?

   Yes. Your team must attest to the information contained in each of the registrations and electronically sign each H-1B registration and Form G-28, Notice of Entry of Appearance as Attorney, before your counsel can submit an H-1B registration. You must pay close attention to communication that you receive from your immigration law firm, so that you can ensure your registrations are submitted by the deadline of March 25 at 12 PM noon EST. Submissions will not be accepted after that deadline. Only on-time submissions will be considered in the lottery.

10. How can my organization complete the review, approval, and electronic signing of the G-28 Form and the H-1B registration?

    Each time that your immigration counsel finishes an online H-1B draft registration for your organization, your attorney will be sending a unique passcode for you to review, approve, and electronically sign the G-28 and registration document. Your Chugh, LLP team will submit this passcode to your authorized signatory.

    First, log in to your myUSCIS account to review the draft registration. Once you reach the H-1B Registrations home page, input the passcode into the "Enter representative passcode" field.

    Second, you will review whether the information on your electronic Form G-28 is correct including:
    • Your attorney representative.
    • Where USCIS should send notices and documentation related to the registration.
    • An attestation of your attorney representation.
    • Your electronic signature.

    After completing Form G-28, you will need to confirm your draft registration. Please review the organization and beneficiary information. If any information is incorrect, decline the registration. Your attorney will be able to make corrections. If all information is correct, accept the registration. You will be directed to the electronic signature page, where you can click "Finish and Send." Your attorney will then finalize and submit the registration.

11. Can my organization make changes to a draft registration prepared by our attorney?

    No. Your immigration counsel will need to make any changes to the draft registration. After they have updated the registration, your organization can again review the updated draft registration, approve it, and then electronically sign the document.

12. Can we add or delete a beneficiary from a registration?

    You may add or delete beneficiaries from a draft registration during the open registration period and prior to submission. Once a registration has been submitted, you may start a new submission to add more beneficiaries.

    After a registration has been submitted, you may delete a beneficiary from the registration while the registration period is still open.

    While you may not add beneficiaries to a registration that has already been submitted, employers can still create a new registration to register new beneficiaries as long as the registration is still open.

13. How can we track the status of a registration?

    Your organization may check the status of the registration by logging onto your myUSCIS account. This will show whether the case is in progress or it has been submitted by your immigration team.

14. How can my organization view a list of all our registered H-1B beneficiaries?

    You may download a list of all H-1B beneficiaries included in a registration in the CSV (comma-separated value) format, compatible with most spreadsheet programs. This can be beneficial to ensure that your entity does not input multiple registrations for the same beneficiary.

    The CSV file will contain only the beneficiary's name, date and country of birth.

    Your organization may download and combine CSV files if you will sponsor more than 250 beneficiaries.

Frequently asked questions: H-1b cap lotteries and selection notification

1. When will the H-1B cap lotteries be conducted by USCIS?

   USCIS will conduct two H-1B cap lotteries between March 25 at 12:01 PM EST and March 31, 2021.

   The first lottery will include all registered prospective H-1B beneficiaries. USCIS will select enough registrants to fill the 65,000 slots for the regular H-1B cap.

   Next, USCIS will conduct a second lottery of only registered H-1B beneficiaries with advanced degrees who were not selected during the first round. The agency will select enough registrants to fill the 20,000 spaces available for the 20,000 advanced degree exemption spots.

2. When can my organization learn of the lottery results?

   By March 31, 2021, USCIS will notify all employers and their immigration counsel of the lottery results. The agency will send notifications via email to the employer’s authorized signatory and to their immigration counsel for each cap registration.

   Your authorized signatory or your Chugh, LLP representative can access their myUSCIS account to view each beneficiary’s status:

• • Selected: The beneficiary has been selected in the H-1B lottery.
  • Submitted: The registrant was not selected in the lottery, but their registration will be retained in case USCIS needs to conduct another lottery in the future because they did not receive enough H-1B petitions to fill the FY 2022 cap.
  • Not selected: The beneficiary has not been selected, and USCIS has determined that there will be no more H-1B visas available for the fiscal year.
  • Denied: There was a duplicate registration submitted for the beneficiary, and they cannot be entered into the lottery.
  • Invalidated: Failed Payment: Because registration payment failed, the beneficiary cannot be entered into the lottery.

3. Will our organization receive a selection notice for each beneficiary selected in the lottery?

   Yes. There will be a printable selection notice for each selected beneficiary on the associated myUSCIS account. Employers must include a copy of the notice in the associated H-1B petition.

Frequently asked questions: filing h-1b petitions

1. When can my organization submit H-1B cap petitions for selected beneficiaries?

   All FY 2022 H-1B petitions must be filed within the 90 day period indicated in the Selection Notice. Late filings will not be accepted.

2. Is premium processing available for H-1B petitions in FY 2022?

   USCIS has not yet announced whether premium processing will be available for these petitions. The agency is expected to release this information by April 1, 2021 at the latest.

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For help registering your H-1B beneficiaries, performing due diligence on each registrant, or other questions related to H-1B visa sponsorship, please contact your trusted Chugh, LLP attorney.