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Featured Issue: FY2021 Cap-Subject H-1B Filing Season

In the Spotlight

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:


How to Create a USCIS Online Account

H-1B Electronic Registration Process: Registrants

H-1B Electronic Registration Process:
Attorneys and Representatives

Per USCIS:

We will open an initial registration period from March 1 through March 20, 2020, for the FY 2021 H-1B numerical allocations.

  • During this timeframe, H-1B cap-subject petitioners, including those eligible for the advanced degree exemption, seeking to file a FY 2021 H-1B cap petition will be required to first register electronically with USCIS and pay the associated $10 H-1B registration fee for each submission.
  • Prospective petitioners or their authorized representatives must electronically submit a separate registration naming each alien for whom they seek to file an H-1B cap-subject petition. Duplicate registrations are prohibited.
  • As described in the H-1B registration final rule, if more than a sufficient number of registrations are received, we will randomly select the number of registrations projected as needed to reach the FY 2021 H-1B numerical allocations after the initial registration period closes and notify registrants with selected registrations no later than March 31, 2020.
  • Prospective petitioners with selected registrations will be eligible to file a FY 2021 cap-subject petition only for the alien named in the registration and within the filing period indicated on the eligibility notice.

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:

  • Submitted: A registration status may continue to show “Submitted” after the initial selection process has been completed. "Submitted" registrations will remain in consideration for selection until the end of the fiscal year, at which point all registration statuses will be Selected, Not Selected or Denied.
  • Selected: Selected to file an FY 2021 H-1B cap-subject petition.
  • Not Selected: Not selected for this fiscal year.
    • Please note that a registration will not reflect a status of Not Selected until the conclusion of the fiscal year. In the event that USCIS determines that it needs to increase the number of registrations projected to meet the H-1B regular cap or the advanced degree exemption allocation, USCIS will select from registrations held in reserve to meet the H-1B regular cap or advanced degree exemption allocation.
  • Denied: The same registrant or representative submitted more than one registration on the beneficiary’s behalf for the same fiscal year. All registrations the registrant or representative submitted on behalf of the same beneficiary for the same fiscal year are invalid.

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.”

AILA Resources | AILA Resources on Setting Up an H-1B Registration Account | Government Resources | AILA Comments and Communication with USCIS | Media Reports

AILA Resources

AILA Resources on Setting Up an H-1B Registration Account

Government Resources

AILA Comments and Communications with USCIS

Media Reports

Cite as AILA Doc. No. 19102407.