Kristina M. Hernandez
H-1B Lottery Selection Process Completed
USCIS has notified the public that they have received enough electronic registrations during the initial registration period to reach the FY 2022 H-1B cap, both regular and master's cap. USCIS randomly selected from among the registrations properly submitted to reach the cap.
Although USCIS has yet to release the amount of registrations submitted this year, it seems like the overall percentage of selections across the board for Petitioners were significantly lower than last year. This could be because of a major increase of registrations this year, but we won't know for certain until more data is released.
USCIS also reminded Petitioners of the following:
H-1B cap-subject petitions for FY 2022, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2021, if based on a valid, selected registration.
Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2022, and only for the beneficiary named in the applicable selected registration notice.
An H-1B cap-subject petition must be properly filed at the correct service center and within the filing period indicated on the relevant registration selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days. Online filing is not available for H-1B petitions, so petitioners filing H-1B petitions must do so by paper. Petitioners 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.