February 8, 2021
On November 2, 2020 we announced that the Department of Homeland Security (DHS) released its proposed rule to amend regulations for filing H-1B cap-subject petitions from random lottery selection to a wage-level-based selection process. On January 7, 2021 United States Citizenship and Immigration Services (USCIS) announced its decision to publish the proposed regulation as a final rule, set to take effect March 9, 2021.
However, DHS recently announced it is delaying the effective date of the final rule from March 9, 2021 to December 31, 2021 to give USCIS more time to develop, test and implement the modifications to the H-1B registration system and selection process. The delay also gives USCIS more time to train staff and perform public outreach to stakeholders. For the upcoming H-1B cap season, USCIS will apply the current regulations of random selection.
The initial registration period for the H-1B Cap 2022 Fiscal year will open at noon EST on March 9, 2021 and run through noon, EST on March 25, 2021. During this period, prospective petitioners and representatives will be able to fill out petitioner and beneficiary information and submit their registrations.
A confirmation number will be assigned to each registration for the 2022 FY H-1B cap. This number is used only to track registrations and cannot be used to track your case status in Case Status Online.
Petitioners must use the USCIS online account to register each beneficiary electronically and pay the associated $10 H-1B registration fee for each registration submitted on behalf of each beneficiary. Prospective petitioners submitting their own registrations will use a “registrant” account that should be available soon. Representatives may add clients to their accounts at any time, however both representatives and registrants must wait until March 9, 2021 to enter beneficiary information and submit the $10 fee.
Petitioners/representatives may be able to register for multiple beneficiaries in a single online session. Through the account, Petitioners/representatives will be able to prepare, edit, and store draft registrations prior to final payment and submission of each registration.
If USCIS receives enough registrations by March 25, 2021 USCIS will randomly select registrations and send selection notifications via users’ myUSCIS online accounts. USCIS states they intend to notify account holders by March 31, 2021.
Only those selected in the H-1B registration process can have an H-1B cap-subject petition filed on their behalf.
More information can be found at the H-1B Electronic Registration Process Page.