USCIS Announces H1B Pre-Registration Parameters
By
Dev B. Viswanath, Esq.
To meet the H1B visa cap, USCIS will implement an electronic registration process for the H-1B Lottery in 2020. In order to submit H-1B cap-subject petitions, including those for beneficiaries eligible for the advanced degree exemption, prospective petitioners must first register electronically and then pay the $10 H-1B registration fee for each beneficiary.
Employers wishing to file H-1B cap-subject petitions have benefited from the overall cost savings that the electronic registration process has brought about by reducing paperwork and data exchange, as demonstrated by the implementation that took place the previous year. Essentially, we are not required to prepare and file a complete H1B petition until the matter is chosen by USCIS through random selection.
Prospective petitioners, who are also referred to as registrants, and authorized representatives who are seeking authorization to employ H-1B workers subject to the cap must complete a registration process that only requires basic information about the prospective petitioner and each requested worker. This process applies to prospective petitioners and their authorized representatives.
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The first registration period for FY 2022 will begin on March 9 at noon Eastern Time (ET) and last until March 25 at noon ET. H-1B registrations can't be created or completed prior to the start date and time, so representatives and registrants must wait until March 9. Each fiscal year, USCIS has pledged to open the initial registration period for at least 14 calendar days. After that, properly submitted electronic registrations will be the basis for the H-1B selection process. H-1B cap-subject petitions can only be filed by candidates with selected registrations.
There is no need to register on the day the initial registration period opens because selections will take place after the initial registration period ends. And regardless of when you choose to register during that time, everyone will have the same opportunity given the selection criteria. The first batch of H1Bs selected is expected to be announced on March 31, and cases typically have 90 days to file their H1B petition after selection. The first deadline for filing is April 1.
The remaining numbers will be used in a selection for round two in the event that the selected cases fail to submit H1B petitions. In a similar vein, if a petition based on selection is submitted and rejected, that visa number may be assigned to a Round 2 or Round 3 batch. There should be no duplicate registrations submitted! Both will be deemed invalidated in the event that a duplicate registration is discovered.
With certain registrations, USCIS intends to notify registrants and representatives via their USCIS online accounts by March 31, 2021.
For each registration, a registrant's USCIS online account will display one of the following statuses:
Submitted: The registration has been sent in, so it can be chosen. This registration remains eligible unless later invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted if the initial selection process has been completed.
Selected: chosen to submit an H-1B cap petition.
Not Chosen: Not chosen; in light of this registration, they are ineligible to submit an H-1B cap petition.
Denied: For the same beneficiary, multiple registrations were submitted by or on behalf of the same registrant. All registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year will be invalidated if they are rejected as duplicates.
Failed or invalid payment: The payment method was rejected, failed to reconcile, or was otherwise invalid after registration was submitted.
Please get in touch with an experienced immigration professional if you have any concerns or questions.
