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AILA Doc. No. 19102407 | Dated April 8, 2021
As of April 1, 2021, petitioners who were selected during the registration period will be able to file Form I-129 for H-1B Cap-Subject consideration. Additionally, USCIS has extended a grace period for the new version of Form I-129 (3/10/21 edition).
AILA advises members to follow instructions on the selection notice, which states whether the beneficiary was selected as master’s cap or regular cap, when filing an H-1B cap petition. Relatedly, AILA has asked USCIS for clarification on completing numerical limitation information on Form I-129. For more information, read AILA’s Practice Pointer:
The following resources were created during the FY2021 H-1B cap filing season and may be useful to members for the FY2022 season:
Please scroll to the bottom of the page for additional AILA resources and government resources from the FY2021 H-1B cap filing season.
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.
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