According to USCIS announcement dated April 01, 2020, petitioners can now file H-1B cap-subject petitions for validly selected registrants for fiscal year (FY) 2021, including those petitions eligible for the advanced degree exemption.
As noted in our previous blogs, a petitioner is only eligible to file an FY 2021 H-1B cap-subject petition if they electronically registered the beneficiary in the H-1B registration process, and USCIS selected the registration submitted for the beneficiary through the random selection process.
As per USCIS, nearly 275,000 unique registrations were submitted during the initial registration period. Roughly 46% of all registrations were for prospective beneficiaries with U.S. advanced degrees (Master’s or higher). There were more than 40,000 registration accounts created, and nearly 81% of submitted registrations were for potential beneficiaries from India (67.7%) and China (13.2%).
As noted in our previous blogs, an H-1B cap-subject petition must be filed within the period indicated on the relevant registration selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days. Please note, petitioners must include a printed copy of the applicable registration selection notice with the FY 2021 H-1B cap-subject petition. Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still establish eligibility for petition approval at the time the petition is filed and through adjudication, based on existing statutory and regulatory requirements. Selection in the registration process does not relieve the petitioner from submitting evidence or otherwise establishing eligibility, as registration only pertains to eligibility to file the H-1B cap-subject petition.
Please refer to our previous articles on H1B CAP FY 2021. We will regularly update the blog as soon as any new information is available.
Previous Articles on the New H-1B Electronic Registration Process:
- https://www.ahluwalialaw.com/update-uscis-implements-new-h-1b-electronic-registration-process/ (Date of Publication: December 10, 2019).
- https://www.ahluwalialaw.com/change-in-h-1b-cap-procedures-on-the-horizon/ (Date of Publication: December 19, 2018).
- https://www.ahluwalialaw.com/our-comments-on-the-h1b-registration-rule-are-up/ (Date of Publication: December 28, 2018).
- https://www.ahluwalialaw.com/update-uscis-publishes-notice-concerning-new-h-1b-electronic-registration-process-in-the-federal-register/ (Date of Publication: January 14, 2020)
- https://www.ahluwalialaw.com/h-1b-registration-update-uscis-electronic-registration-process-completed/ (Date of Publication: March 27, 2020)
- March 27, 2020)
Disclaimer
This article aims to provide new information concerning H1B CAP FY 2021. This article, under no circumstances, acts as legal advice; therefore, for any further case-specific question, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).
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