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IN A RARE MOVE, USCIS CONDUCTS THIRD RANDOM SELECTION LOTTERY FROM PREVIOUSLY SUBMITTED FY 2022 H-1B CAP REGISTRATIONS

As per USCIS announcement dated November 19, 2021, USCIS recently determined that it needed to select additional registrations to reach the fiscal year (FY) 2022 H-1B numerical allocations, including the advanced degree exemption. Accordingly, on November 19, 2021, USCIS selected from among previously submitted electronic registrations using a random selection process. The petition filing period based on registrations selected on November 19, 2021, began on November 22, 2021, and close on February 23, 2022. Individuals with selected registrations will have their myUSCIS accounts updated to include a selection notice, which includes details about when and where to file. 

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

Previously in July 2021, USCIS conducted a second random selection from among properly submitted electronic registrations for the FY 2022 H-1B numerical allocations. The petition filing period based on registrations selected in July ended on November 3, 2021. And 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. 

An H-1B cap-subject petition must be properly filed within the period indicated on the relevant registration selection notice. Please note, petitioners must include a printed copy of the applicable registration selection notice with the FY 2022 H-1B cap-subject petition and the start date on the I-129 Petition can be October 01, 2021, or later. 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. 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. An H-1B cap-subject petition may only be filed by a petitioner whose registration for that beneficiary was selected in the H-1B registration process.

Registrants’ online accounts will show one of the following as status for each registration (that is, for each beneficiary registered):

  1. Submitted: A registration status may continue to show “Submitted” after the initial selection process has been completed. “Submitted” registrations will remain in consideration for selection until the end of the fiscal year, at which point all registration statuses will be Selected, Not Selected, or Denied.
  2. Selected: Selected to file an FY 2022 H-1B cap-subject petition.
  3. Denied: A duplicate registration was submitted by the same registrant for the same beneficiary, or a payment method was declined and not reconciled. If denied as a duplicate registration, all registrations you submitted for this beneficiary for the fiscal year are invalid.

Please refer to our previous articles on H1B CAP. We will regularly update the blog as soon as any new information is available.

Disclaimer

This article aims to provide new information concerning FY 2022 H-1B Lottery. This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).

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