February 25, 2021 – The United States Citizenship and Immigration Services (USCIS) initial registration period for the fiscal year (FY) 2022 H-1B cap is quickly approaching. The registration period will open at 12 p.m. EST on March 9, 2021, and run through 12 p.m. EST on March 25, 2021.
The registration process, first implemented for the FY 2021 H-1B cap season, requires prospective H-1B employers to create an online “registrant” account on the myUSCISonline system beginning March 2, 2021, at 12 p.m. EST. Cap-subject employers are then required to register each potential beneficiary employee and pay a $10 H-1B registration fee within the FY 2022 cap registration period.
If there are sufficient registrations submitted by March 25, 2021, to meet the annual H-1B cap, USCIS will conduct a random selection of registrations. USCIS will then notify the first round of selected registrants by March 31, 2021, and will begin accepting cap-subject petitions on April 1, 2021.
Implementation of a final rule previously issued by the Department of Homeland Security that would replace the random selection process with a wage-based selection system has been delayed by the current administration; therefore the random selection process utilized by USCIS for FY 2021 remains in effect for this cap season.
Ulmer’s Immigration Law Group is closely monitoring these developments and is prepared to support you and your organization with your business needs. Please reach out to our immigration attorneys if you have any questions.
The information provided in this client alert speaks only to the information and guidance we have available as of the date of publication and is subject to change. We will continue to follow further issued guidance and regulations and endeavor to post those updates via our website. This legal update was created by Ulmer & Berne LLP, and is not intended as a substitute for professional legal advice. Receipt of this client alert, by itself, does not create an attorney client relationship. For any questions, or for further information, please contact David Leopold at email@example.com, Anastasia Tonello at firstname.lastname@example.org, or Allison Hall at email@example.com.