Immigration Blog

Greenspoon Marder Immigration Alert: Reminder – H-1B Cap Registration For FY2022 Will Start In 3 Weeks

February 15, 2021

This is a reminder that the H-1B Cap Registration for FY 2022 will open on March 9, 2021 and will close on March 25, 2021. All cap registrations must be drafted and submitted online during this period. It is important that your organization submit all registration requests to our office as soon as possible to ensure that we have enough time to review and draft the registration.

USCIS will then conduct the FY 2022 H-1B cap selection and notify sponsoring employers of selected entries by March 31, 2021. If the number of registrations exceeds the H-1B cap, USCIS will use a random computerized lottery to select the registrations for which an H-1B cap petition may be filed. USCIS will not implement a wage-based selection system during this cap season. Employers may submit petitions for selected registrations starting April 1, 2021 and it is expected that the filing window will close no earlier than June 30, 2021.

Your organization must have a myUSCIS account for each Employer Identification Number (EIN) entity that will sponsor beneficiaries for the FY 2022 cap season. As of today, myUSCIS has not yet enabled the creation of Employer “Registrant” accounts for the FY 2022 H-1B cap season. USCIS has indicated it will announce soon when registrant accounts can be created. Further, while it appears to be the case that employer accounts created last year can continue to be used for this year’s registration period, we await complete USCIS instruction on employer registrant account creation for guidance.

Please reach out to our office asap if you are seeking any further guidance on the H-1B Cap process for this year. Thank you.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 215 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has maintained a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

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