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    4. H 1B lottery results are in for FY 2022Articles

    Article

    H 1B lottery results are in for FY 2022

    June 16, 2021

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    By Mary-Benham Nygren

    USCIS has released statistics on the H-1B lottery run in March 2021

    On June 9, 2021, USCIS released statistics on the H-1B lottery registration for Fiscal Year 2022.

    Between March 9, 2021, and March 25, 2021, USCIS received 308,613 H-1B lottery registrations. A 12% increase from the 274,237 registrations filed for the March 2020 lottery.

    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.

    Accordingly, the selection rate for the March 2021 lottery was 27.5%, a significant decline from the prior fiscal year.

    Will there be a second lottery?

    USCIS is accepting H-1B petitions for those registrations that were selected in the lottery from April 1 to June 30, 2021.

    If USCIS does not receive enough H-1B petitions based on the registrations selected in March 2021 to meet the Fiscal Year 2022 H-1B numerical allocation, then a second lottery will occur (as was the case in August 2020) to meet the allocation for Fiscal Year 2022.

    What if a beneficiary’s OPT expires before October 1?

    If the beneficiary of a selected registration will run out of OPT status before October 1, 2021, the beneficiary should reach out to their school’s DSO to request a “cap-gap” I-20 be issued to extend his or her work authorization until September 30, 2021.

    Can premium processing be requested?

    Unlike prior years, USCIS is accepting premium processing requests for Fiscal Year 2022 H-1B lottery petitions. To do so, a petitioner must file Form I-907 and pay the $2,500 premium processing fee.

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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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