2021 (Fiscal Year 2022) H-1B Petition Filing Period Now Open

United States Citizenship and Immigration Services (USCIS) received more H-1B electronic registrations than available visas and has conducted the fiscal year 2022 H-1B lottery.  Registrants subject to the H-1B visa cap who were lucky enough to have been selected can now file their H-1B petition.  According to USCIS, registrants’ online accounts will display the status of their registration.

  • Selected – Congratulations!  This status means the registration was selected in the lottery and is eligible to file an H-1B cap petition for fiscal year 2022.
  • Submitted – A bit confusing, but a status of “Submitted” means that the registration was not selected in the initial lottery.  However, the registration remains eligible for any future lotteries that occur for fiscal year 2022.
  • Denied – There was a problem with the registration process and the registrant is not eligible for an H-1B cap petition this fiscal year.  Most registrants with this status were entered into the registration system multiple times in error.
  • Invalidated-Failed Payment – The payment method for the registration fee was declined or found to be invalid.

Registrants with a Selected status will now have 90 days beginning April 1 for their H-1B petitions to be submitted to USCIS.  Registrants with a status of Submitted should not yet give up hope though; it is unlikely that every selected registrant will submit their petition on time and have it approved.  After the filing period ends on June 30 and USCIS processes the H-1B petitions it receives, USCIS could hold a second lottery for the registrants who currently have a Submitted status.  This happened last year in August and is likely to happen again this year.  Registrants’ statuses were not updated to “Not Selected” until February 2021 after USCIS decided there was no need for a third lottery.

Fiscal year 2022 could possibly be the last year that an H-1B lottery takes place.  A new rule issued by the Trump administration addressing how H-1B visas are issued became effective on March 9, but was delayed implementation by the Biden administration, enabling the need for the 2022 FY lottery.  The new rule prioritizes higher wage earners for cap-subject H-1B visas.  You can read the new rule in its entirety here.  Immigration law is currently in an immense state of flux, so it is unknow if the rule will be altered or withdrawn under the new administration.

Regardless of how the selection process works or will work in the future, the Law Offices of Scott Warmuth helps petitioners and sponsors file their H-1B petitions on time and accurately.  We have been helping businesses and workers pursue employment visas for decades.  Our immigration attorneys provide free consultations, so call us today at 888-517-9888!

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