Ustun Law Group, PLLC

USCIS Conducts Second Random Selection from Previously Submitted FY 2022 H-1B Cap Registrations!

by | Aug 4, 2021 | Blog

Lawyer

Immigration Attorney

Background:

  • In March 2021, USCIS conducted  an initial random selection on properly submitted electronic registrations for the fiscal year (FY) 2022 H-1B cap, including for beneficiaries eligible for the advanced degree exemption
  • Per regulation, USCIS uses historical data related to approvals, denials, revocations, and other relevant factors to calculate the number of registrations needed to meet the H-1B cap for a given fiscal year
  • Only those petitioners with selected registrations for FY 2022 are eligible to file H-1B cap-subject petitions
  • The initial filing period for those with selected registrations for FY 2022 was from April 1, 2021, through June 30, 2021
  • USCIS recently determined that they needed to select additional registrations to reach the FY 2022 numerical allocations
  • On July 28, USCIS selected previously submitted electronic registrations using a random selection process

What is the Timeline for Filing of Application?

  • The petition filing period based on registrations selected on July 28 will begin on Aug. 2 and close on Nov. 3
  • Individuals with selected registrations will have their myUSCIS accounts updated to include a selection notice, which includes details of when and where to file

You can find the News for The H-1B Initial Electronic Registration Selection Process Completed here

What does it Really Mean to Be Selected in Second Registration Process?

  • Registration selection only indicates that petitioners are eligible to file H-1B cap-subject petitions; it does not indicate that the petition will be approved
  • Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still submit evidence and establish eligibility for petition approval based on existing statutory and regulatory requirements
  • An H-1B cap-subject petition must be properly filed at the correct service center and within the filing period indicated on the relevant registration selection notice
  • Online filing is not available for H-1B petitions
  • Selection in the registration process does not relieve the petitioner from submitting evidence or otherwise establishing eligibility, as registration only pertains to eligibility to file the H-1B cap-subject petition
  • Petitioners filing H-1B petitions must do so by paper and must include a printed copy of the applicable registration selection notice with the FY 2022 H-1B cap-subject petition

Account Status

Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered):

  1. 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
  2. Selected: Selected to file an FY 2021 H-1B cap-subject petition.
  3. Denied: A duplicate registration was submitted by the same registrant for the same beneficiary, or a payment method was declined and not reconciled. If denied as a duplicate registration, all registrations you submitted for this beneficiary for the fiscal year are invalid.

Who Will Get the Notification?

  • Only the employer or attorney would get a notification of the same that the application they submitted for was selected in the H1B registration
  • The employer would need to login into the USCIS H1B registration system to view the H1B registration Selection notice
  • They can view the same by clicking on the “View Notice” and it has all the details regarding the H1B selection like where they need to file when they need to file

What does Notification Look Like?

The H-1B Registration Selection Notice will be an I-797C Notice of Action, that is similar to any other like 797C Receipt Notice. It would be of Case Type “H-1BR – H1B REGISTRATION”

It Will Look Like the Form Below:

What is the 797C Form?

  • USCIS uses numerous types of Form I-797 to communicate with applicants/petitioners or convey an immigration benefit
  • Form I-797 is NOT a form you can fill out.

USCIS will send Form I-797C, Notice of Action, to an applicant/petitioner in order to communicate information related to notices of:

  • receipt,
  • rejection,
  • transfer,
  • re-open, and
  • appointment (fingerprint, biometric capture, interview, rescheduled)

Explanation of Various Fields on H-1B FY 2022 Registration Selection Notice

  1. Beneficiary Confirmation Number:

    • This confirmation number is the long number that would have been generated when the H-1B Registration was submitted by your employer or attorney
    • Please note: It cannot be used to check your registration status on the USCIS website
    •  It is only meant for Internal tracking and lottery purposes
    • For FY 2022 season, it usually starts with 2022

  1. Case Type:

    • This indicates the case type of the form. In the H-1B registration case, it will be “H-1BR – H1B REGISTRATION”

  1. Received Date:

    • This is the date when your employer or sponsor submitted the H-1B registration online in the registration system

  1. Priority Date:

    • This will be blank as it is not applicable

  1. Prospective Petitioner:

  • This will be the employer name or the company name that is sponsoring your H-1B visa petition for the applicant

  1. Notice Date 

  • This is the date when the employer or sponsor was notified regarding the H-1B Registration Selection
  • It can be anywhere from 8/02/2021 to 11/03/2021

  1. Page:

  • You will see 1 of 2 on the first page. There are only two pages in the registration notice

  1. Beneficiary:

  • This is the actual H-1B Applicant or Employee for whom the H-1B visa petition has to be submitted to USCIS

  1. Company Name and Mailing Address:

  • Below these fields, you will see a box with the Company Name and address of the Company

  1. Notice Type:

  • It will say “Registration Selection”. It will be the same on the official copy and the courtesy notice

Underneath The “The fiscal Year 2022 Selection” You Will Find:

  1. Company ID, Name:

  • You will see the details telling that Company ABC
  • With Employer ID number XYZ submitted a registration for XXX ( Date of Birth XXX)  and it was selected for FY 2022 H-1B cap
  • It will also have a confirmation number starting with 2022-…

  1. Filing Dates:

  • It will indicate the filing dates for the H1-B Petition from 4/1/2021 to 6/30/2021 and indicate the location to file H-1B

  3. Service Centre Details:

  • This is the service center that you need to file the H-1B petition on the dates given above
  • USCIS will also indicate that you need to submit a copy of this notice as well along with the petition

Note: It is important to file it at the same location listed in the registration notice

  1. Validity of the Registration: 

    • The registration for H-1B is valid for FY 2022 season and for ABC company (your employer that is)
    •  It will also have the applicant name XXX with the passport and date of birth of the applicant in it

Please note: You cannot substitute the registration for others or transfer the registration to others. USCIS may reject the petition if not properly filed

Is There a Possibility of Third Round H1B Lottery?

The third lottery is improbable as it has never happened before.

Past Statistics:

  • USCIS Conducted first round lottery for FY 2021 and selected 106,100 registrations
  • In the second round lottery for FY 2021, they selected 18,315 registrations
  • USCIS selected 124,415(106,100 + 18,315) for FY 2021
  • Now, for FY 2022, first-round they selected 87,500 registrations and in the second round they selected 27,717 registrations
  • In total for FY 2022, they selected 115,217(87,500 + 27,717) so far

Also, keep in mind the job market is catching up to its pre-pandemic level. There is a severe talent shortage. Due to changes in administration, the number of RFEs might plummet too.

Is the FY 2022 H-1B Registration Selection Notice Physical Copy?

  • It is not a physical copy, hence it will not be mailed
  • It is an electronic Notice that is generated online
  • Your employer can get it by downloading it online from the selected status location
  • You need to click on “View Notice” to download the same

If you are waiting to file your H-1B in the next Fiscal Year. Meanwhile, if you are looking for practical tips.

You can get your questions answered here

Curious if you are eligible for H-1B or have questions about H-1B?

You can also fill out this contact form and schedule your consultation with one of our attorneys, or  Schedule a Consultation at 469-994-9407