FY 2021 H-1B Cap Petitions May Be Filed as of April 1

US Citizenship & Immigration Services (USCIS) announced that H-1B cap-subject petitions for fiscal year (FY) 2021, including advanced degree cases, may now be filed with USCIS as of April 1, 2020, if based on a valid selected registration. Petitioners are only eligible to file a FY 2021 H-1B cap-subject petition if they electronically registered the beneficiary in the H-1B registration process and USCIS selected the registration for the beneficiary in the random lottery.

The H-1B cap-subject petition must be properly filed within the period indicated on the relevant registration selection notice. The period for filing the H-1B cap-subject petition will be at least ninety days. Since online filing is not available for H-1B petitions, petitioners must file H-1B petitions by paper and should include a printed copy of the applicable registration selection notice along with the supporting evidence and documents establishing eligibility for the H-1B.

According to USCIS, the H-1B electronic registration process was well-received by users, who provided a high satisfaction score with the system. The agency indicated that nearly 275,000 unique registrations were submitted during the initial registration period and roughly forty-six percent of all registrations were for prospective beneficiaries with US advanced degrees. More than 40,000 registration accounts were created in total.

“The new H-1B electronic registration system has been an overall success,” Joseph Edlow, USCIS Deputy Director for Policy, said in a statement.  “The positive feedback received by users of the H-1B registration system, the limited amount of technical issues experienced during the registration period, and the ability to immediately respond to questions from registrants was the result of a comprehensive effort developed over the course of more than a year. This new registration system is one of many ways USCIS is improving the H-1B program.”

H-1B Initial Electronic Registration Selection Process Completed

US Citizenship & Immigration Services (USCIS) announced that they have received enough electronic registrations during the initial period to reach the FY 2021 H-1B numerical allocations for the H-1B cap. The agency randomly selected from among the electronic registrations that were properly submitted. USCIS will notify petitioners with selected registrations no later than March 31, 2020, that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the selected registration. Registrants’ online accounts will now show one of the following statuses for each registration (i.e, for each beneficiary registered):

• Submitted: A registration status may continue to show “Submitted” after the initial selection process has been completed. “Submitted” registrations will remain in consideration for selection until the end of the fiscal year, at which point all registration statuses will be Selected, Not Selected, or Denied.

• Selected: Selected to file an FY 2021 H-1B cap-subject petition.

• Denied: A duplicate registration was submitted by the same registrant for the same beneficiary, or a payment method was declined and not reconciled. If denied as a duplicate registration, all registrations you submitted for this beneficiary for the fiscal year are invalid.

USCIS notes that only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2021, and only for the beneficiary listed in the selected registration notice.

UPDATE FEBRUARY 22, 2021: USCIS announced they have received a sufficient number of petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa US advanced degree exemption (master’s cap) for FY 2021 cap. The agency announced they completed sending non-selection notifications to registrants’ online accounts and the status for registrations properly submitted for the FY 2021 cap but that were not selected will now show as: “Not Selected: Not selected for this fiscal year.”

Initial H-1B Electronic Registration Period Closed March 20

The initial electronic registration period for the fiscal year (FY) 2021 H-1B numerical allocations closed at noon Eastern Time on March 20, 2020. To be considered in the initial selection process, electronic registrations must have been properly submitted before noon on March 20. If USCIS has received enough registrations during the initial registration period, the agency will conduct the lottery to randomly select the number of registrations they project are needed to reach the FY 2021 H-1B numerical allocations.

After the lottery, the agency will send selection notifications via users’ online accounts no later than March 31, 2020. Selected registrants will be eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration. The H-1B cap-subject petition must be properly filed within the filing period indicated on the relevant selection notice. The period for filing the H-1B cap subject petition will be at least ninety days. For more information, visit the H-1B Electronic Registration Process page.

The Joys of Using the New H-1B Registration System

The H-1B cap is officially here! Beginning March 1, 2020, we can submit H-1B electronic registrations for H-1B cap applicants for the first time. This year is notable since it is the first time that US Citizenship & Immigration Services (USCIS) is using the H-1B electronic registration system on USCIS.gov. The H-1B electronic registration process requires employers seeking to file H-1B cap cases, including master’s cap cases, to first register online and pay a $10 registration fee in order to enter the H-1B lottery. If a case is selected in the lottery, employers will then be permitted to file full H-1B petitions during a filing period of at least ninety days, likely beginning in April. The initial H-1B cap registration period will run from noon on March 1 until noon on March 20, 2020. While there have been some glitches, we have been excitedly (but carefully) entering H-1B electronic registrations all week. It’s okay, Liz, you can take a break now!

USCIS Implements $10 Fee for H-1B Visa Registration

US Citizenship & Immigration Services (USCIS) announced a final rule last week that will require petitioning employers to pay a $10 non-refundable fee for each H-1B registration they submit for the H-1B electronic registration system. The agency plans to implement the H-1B registration process for the fiscal year 2021 H-1B cap selection process, assuming successful testing of the system. With this H-1B electronic registration system, petitioners seeking to file H-1B cap-subject petitions, including advanced degree exemption cases, will first electronically register with USCIS during a designated registration period (unless the requirement is suspended). If the electronically registered case is selected in the lottery, then the petitioner will file the H-1B petition.

“This effort will help implement a more efficient and effective H-1B cap selection process,” USCIS Acting Director Ken Cuccinelli said in a statement. “The electronic registration system is part of an agency-wide initiative to modernize our immigration system while deterring fraud, improving vetting procedures and strengthening program integrity.” The final rule will be effective December 9, 2019, and the fee will be required when registrations are submitted. USCIS will announce the timeframe for the implementation and initial registration period in the Federal Register once a formal decision has been made, and the agency indicates that they will offer “ample notice to the public in advance of implementing the registration requirement.”