January 21, 2022

Volume XII, Number 21

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Key Deadlines Approaching for H-1B CAP Electronic Registration Process

Employers seeking to sponsor candidates for initial H-1B sponsorship (commonly known as "H-1B CAP") should begin preparing for the H-1B electronic registration process. Although the U.S. Citizenship and Immigration Services (USCIS) has not announced the exact dates for electronic registration, previous registration periods have opened for three weeks during March, with employers notified of their selections shortly after the registration period has closed. 

Here is a non-exhaustive summary of the H-1B CAP registration process:

  • During the open registration period, employer registrants must create an online account with USCIS and register both the employer's corporate information (if not completed previously) as well as the information of the employee for whom the employer will sponsor. USCIS will assign each employee a unique registration number.

  • USCIS requires a $10 non-refundable fee for each employee registration submitted, with payment available only through https://www.pay.gov/public/home.

  • For each employee to be sponsored, employers must provide the employee's legal name, gender, date of birth, country of birth and citizenship, and passport number, and must state whether the beneficiary has a master's degree or higher from a U.S. institution of higher education (making the beneficiary eligible for the advanced degree exemption).

  • At the time the electronic registration is submitted, the employer's authorized signatory must certify, under the penalty of perjury, that the information provided in the registration is accurate and complete, and that the employer intends to file an H-1B petition on behalf of the named employee if selected.

  • Although the dates of the electronic registration have not yet been announced, the registration will be open for a minimum of 14 days in March. During this period, employers may submit registrations for any employees they wish to sponsor. USCIS will announce the actual end date of the registration period on its website based on the number of registrations that it has received. Last year, the initial registration period was open from March 9, 2021 to March 25, 2021.

  • At the end of March, only days after the registration period closes, USCIS will conduct a random selection process from all properly submitted electronic registrations and will notify employers (and their designated representatives) by e-mail or text message of their selected registrations. Employers' online accounts will be updated with a selection notice for each employee registration selected so the employer can file an H-1B CAP-subject petition on behalf of the individual named in the notice. Petitions must be filed in accordance with the filing period stated on the notice.

  • If USCIS receives more than enough registrations to meet the regular and advanced degree H-1B CAP allotment, all registrations that were not selected in the lottery will remain on a wait list, indicating a status of "submitted." USCIS will select from those registrations that are on the wait list to meet the numerical allotment only if necessary.

  • Employers with selected registrations may begin filing H-1B CAP petitions on April 1, 2022, and will be given at least 90 days from the date of a registration selection to file the H-1B CAP petition. USCIS will adjudicate petitions in the order in which they are received.

  • USCIS 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 employee and the appropriate fiscal year, unless the registration requirement is suspended.

  • Attorneys may submit registrations on behalf of employers provided a Form G-28 is submitted on behalf of the employer.

  • A Labor Condition Application (LCA) is not required to be completed prior to the electronic registration process, but if the employee's registration is selected, the employer must include a certified LCA with the H-1B petition filing.

  • Employers requesting F-1 change of status on behalf of an employee who requires "cap-gap" protections, must file the H-1B CAP petition BEFORE the employee's optional practical training (OPT) expires, irrespective of the 90-day filing timeframe allotted to file the H-1B CAP petition upon receiving notification of the registration selection.

  • USCIS has not yet announced whether premium processing will be available for H-1B CAP petitions.

USCIS will post step-by-step instructions on how to complete the registration process, along with key dates and timelines, on its website as the initial registration period nears. 

© 2022 Miller, Canfield, Paddock and Stone PLC National Law Review, Volume XII, Number 14
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About this Author

Julianne Cassin Sharp Immigration Attorney Miller, Canfield, Paddock and Stone Detroit, MI
Principal

Julianne Cassin Sharp leads the firm's Immigration practice team. She has represented companies and individuals in the areas of business-based and family-based immigration law for 18 years. 

Her areas of expertise include but are not limited to immigrant petitions, nonimmigrant petitions, foreign labor certification, adjustment of status applications, waivers, naturalization, consular processing, and advising companies on corporate compliance audits and risk assessment.

Julianne has represented clients in the U.S. Immigration Court and before all branches of the U.S....

313.496.7667
Elizabeth Baker Immigration Lawyer Miller Canfield Law Firm
Associate

Beth Baker is an employment-based immigration attorney with hands-on experience managing the nonimmigrant, immigrant, PERM labor certification and permanent residence process for large, multinational clients.

Her experience includes advising and counseling Fortune 500 clients, start-ups, and small business owners in the banking, utilities, IT, automotive, manufacturing, engineering, construction, and architecture industries.

Representative engagements include the following:

  • Co-counsel client regarding Department of Justice investigation into possible claim of...
313-96-7523
Christopher M. Dutot Attorney Immigration Miller Canfield Detroit
Associate

Christopher Dutot is an immigration attorney with extensive background working with clients in the IT, automotive and health care sectors. He has helped both businesses and individuals with immigrant, non-immigrant and naturalization matters. 

Chris is a member of the American Immigration Lawyers Association, Michigan Chapter, and chairs the group's Practice Management Committee. He is a graduate of University of Detroit Mercy School of Law and Central Michigan University.

313-496-7529
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