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AILA Doc. No. 19102407 | Dated June 30, 2022
The filing period for H-1B petitions selected for the FY2023 cap opened on April 1, 2022, and will run through June 30, 2022. AILA has received several reports of delays in receipt notice issuance for H-1B petitions filed with the Vermont Service Center, including some petitions filed in early April for which no receipt notice has been issued to date. We have reached out to USCIS about the delays and will update our practice alert as more information becomes available.
Employers and their attorneys were electronically notified by USCIS if an employee’s registration was selected during the initial registration period. Registrations not selected in the initial lottery will be put on a wait-list and more registrations may be randomly selected during the fiscal year.
Additional AILA and government resources from the FY2022 and FY2021 H-1B cap filing seasons, which members may find useful for the current filing season, may be found in the expandable sections at the bottom of this page.
Create a myUSCIS account with this step-by-step how to by AILA’s Practice & Professionalism Center. (It addresses what two-factor authentication options are and which to choose, too.) USCIS released videos in 2020 with instructions on how to create a myUSCIS account and the electronic registration process for registrants as well as attorneys and representatives. These videos can be helpful for purposes of preparing for the FY2022 registration process.
We will open an initial registration period from March 1 through March 20, 2020, for the FY 2021 H-1B numerical allocations.
We will not consider a cap-subject H-1B petition to be properly filed unless it is based on a valid, selected registration for the same beneficiary and the appropriate fiscal year, unless the registration requirement is suspended. Additionally, although petitioners can register multiple aliens during a single online submission, a petitioner may only submit one registration per beneficiary in any fiscal year. If a petitioner submits more than one registration per beneficiary in the same fiscal year, all registrations filed by that petitioner relating to that beneficiary for that fiscal year will be considered invalid.
On February 5, 2020, USCIS released the following information about registration selection notifications:
USCIS intends to notify registrants and their representatives with selected registrations via their USCIS online accounts no later than March 31, 2020.
A registrant’s USCIS online account will show one of the four following statuses for each registration:
H-1B cap-subject beneficiaries, including those eligible for the advanced degree exemption, must have a “Selected” registration notification in order for a registrant or representative to properly file an H-1B cap-subject petition for FY 2021. Registrants and representatives will not be notified until the end of the fiscal year if they are not selected. The status of registrations not selected as part of any initial random selection process and not denied will remain as “Submitted.”
Cite as AILA Doc. No. 19102407.
This self-paced CLE online course provides a comprehensive review of H-1Bs, including preparing petitions and tackling Requests for Evidence. It includes video instruction, articles, sample forms, quick-reference resources, and more, plus interactive elements.Register Now
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