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    4. H 1B Cap Selection Process CompletedArticles

    Article

    H 1B Cap Selection Process Completed

    March 31, 2021

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    By Jason Gerrol

    USCIS has received a sufficient number of H-1B registrations to meet the H-1B Cap and selected registrants have been notified.

    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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    The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

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