By Gladys Gervacio and Jagan Tamirisa

United States Citizenship and Immigration Services (USCIS) has announced that it will open the fiscal year 2022 H-1B cap registration period from Tuesday, March 9, 2021 at 12 PM EST through Thursday, March 25, 2021 at 12 PM EST. Petitioners and their legal representatives can submit H-1B visa registrations during this time.

Petitioners or their representatives must create a myUSCIS online “registrant” account to register each prospective H-1B beneficiary. USCIS is expected to announce separately when registrant accounts can be created. Although petitioners may be able to register for an account soon, they must not submit any registrations until noon on March 9. A $10 fee is due to register each H-1B beneficiary.

The H-1B registration process and rules have not been changed. USCIS will provide a confirmation number to each registration submitted during the open registration period. Petitioners and their legal representatives can track the status of their registrations using this unique confirmation number. If USCIS receives enough registrations by the March 25 deadline, it will randomly select H-1B beneficiaries and notify all account holders via myUSCIS by March 31, 2021. Petitioners may only file an H-1B cap-subject petition for selected beneficiaries.

USCIS is delaying the effective date of the Department of Homeland Security (DHS) final rule which would select H-1B beneficiaries based on wage level instead of using the randomized lottery process. The DHS rule will go into effect on December 31, 2021.

Conclusion

For help vetting your prospective H-1B employee’s fit for the visa, or any other questions related to H-1B visa sponsorship, reach out to your trusted Chugh, LLP attorney.