USCIS: Delayed Data Entry and Receipt Notice Generation for FY 2021 H-1B Cap-Subject Petitions Due to the COVID-19 Pandemic

US Citizenship & Immigration Services (USCIS) announced this week that petitioners should expect a delay in data entry and receipt notice generation for fiscal year (FY) 2021 H-1B cap-subject petitions until at least May 1, 2020, because of delays related to the coronavirus (COVID-19) pandemic. From the first day of filing, April 1, 2020, USCIS has not been able to immediately enter data for FY 2021 cap-subject petitions due to required health and safety protocols related to COVID-19. The agency states that data entry and notice generation will be delayed until at least May 1, 2020.

Once USCIS begins data entry, the agency will complete intake processing in the same order in which they received petitions at the service centers. USCIS will stamp petitions with the date received, and petitions, if otherwise properly filed, will retain the receipt date that corresponds with the date received at the service center. “Due to delayed data entry and notice generation, there will be a general delay in processing FY 2021 cap-subject petitions,” USCIS notes. “We are mindful of petitions with sensitive expiration and start dates, such as cap-gap petitions, and will strive to process these petitions as efficiently as possible.”

USCIS notes that even with this delayed data entry the specified filing window on the registration selection notices will not be changed and that petitioners with a valid selected registration notice must file their H-1B cap-subject petition for the beneficiary named in the selected registration notice during the filing window indicated in their selection notice, or USCIS will reject or deny the petition. USCIS is also requesting that petitioners wait to inquire about the status of their cap-subject petitions until they receive a receipt notice.

Additionally, USCIS notes they may transfer some Form I-129 H-1B cap-subject petitions for adjudication between the Vermont Service Center, California Service Center, Nebraska Service Center, and Texas Service Center to balance workload more efficiently. That said, petitioners should still file their FY 2021 H-1B cap-subject petitions at the service center named in their selection notice. USCIS will send notifications in the mail if they transfer the case, and applicants should address correspondence to the service center processing the petition. More information can be found at the H-1B Electronic Registration Process page.