Immigration Alert: H-1B Specialty Occupations Electronic Registration Closed for FY2022 Cap Filing Season

The H-1B electronic registration period closed at noon (ET) on March 25, 2021. Registrants and their legal representatives have started to receive H-1B selection notices from USCIS over the weekend. USCIS plans to send out formal communications to inform the public regarding if and when the selection period has closed in the coming days.

A registrant’s USCIS online account will show one of the following statuses for each registration:

  • Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.
  • Selected: Selected to file an H-1B cap petition.
  • Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration.
  • Denied: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.
  • Invalidated-Failed Payment: A registration was submitted but the payment method was declined, not reconciled, or otherwise invalid.

Background:

H-1B is a nonimmigrant classification that applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability.  H-1B cap-subject beneficiaries, including those eligible for the advanced degree exemption, must have been “selected” in the electronic registration for that specific fiscal year in order for a registrant or representative to properly file an H-1B cap-subject petition.

Related Links:

H-1B Electronic Registration Process

H-1B Specialty Occupations

H-1B Registration Final Rule

Please contact Shuyuan Michelle Tian, Esq. of Levene Gouldin & Thompson, LLP for questions regarding H-1B classifications and applications.

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