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03.31.21

H-1B Cap Selection Process Completed

BY Jason Gerrol

On March 30, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it had received a sufficient number of H-1B registrations during the initial H-1B registration period to reach the fiscal year (FY) 2022 H-1B numerical quota (or “H-1B Cap”). If selected by USCIS, an H-1B registrant’s online account will indicate a status of “Selected,” and a selected H-1B registrant may file their H-1B petition with USCIS beginning April 1, 2021. 

 As background, for each fiscal year, there are only 85,000 new (or "cap-subject") H-1Bs available: 65,000 for foreign nationals with a bachelor's degree (or equivalent education) from a U.S. or foreign college or university and an additional 20,000 for foreign nationals with a graduate degree from a U.S. college or university. When the demand for new cap-subject H-1Bs exceeds the numerical quota, USCIS conducts a random H-1B selection process or "lottery." FY 2022 marks the second year USCIS has utilized a registration process to conduct the H-1B lottery. FY 2022 may also mark the last year the H-1B selection process is conducted in its current form if USCIS implements its wage-based H-1B selection process.

It is possible USCIS may conduct a subsequent registration selection process if a sufficient number of “Selected” H-1B applicants ultimately do not file their H-1B petition with USCIS, or USCIS otherwise deems a second selection process is warranted.

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Author

Jason Gerrol

Of Counsel

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