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AILA Doc. No. 19102407 | Dated October 14, 2020
On October 14, 2020, AILA updated its practice pointer to provide additional details with respect to some of AILA members’ most frequently asked questions regarding the H-1B cap-filing season. In this latest update, AILA confirmed that USCIS will not reject or deny an H-1B cap-subject petition that lists a 10/1/2020 start date solely on the basis that the start date listed on the accompanying LCA is a date after 10/1/2020. USCIS also confirmed that registrations from the first round of selections for which the H-1B cap-subject petition was rejected and the rejection did not reach the petitioner until after the filing window had closed may not resubmit the H-1B petition during a subsequent filing window.
USCIS has confirmed that the H-1B lottery registration will be through the myUSCIS portal. 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 with instructions on how to create a myUSCIS account and the electronic registration process for registrants as well as attorneys and representatives:
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.
Discuss the new H-1B registration tool with your fellow members.Go to the Message Center