March 28, 2023

Volume XIII, Number 87


March 27, 2023

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USCIS Completes Lottery Selection Process for H-1B FY2022 Cap

On March 30, 2021, U.S. Citizenship and Immigration Services (USCIS) provided the following updates on the H-1B cap registration process:

  • USCIS received more electronic H-1B cap registrations than available H-1B numbers under the quota of 85,000 new H-1B filings, necessitating a lottery;

  • USCIS has completed a random selection process from the properly filed registration submissions; and

  • USCIS has completed notification for all selected registrations.

Employers and attorneys will need to log in to the USCIS registration portal in order to learn the status of each registration. Registrations will have one of the below statuses:

  • Selected: “Selected” means that the registration was selected in the lottery. For selected registrations, employers will have 90 days to submit a complete H-1B petition to USCIS for adjudication. The H-1B petition filing window begins on April 1, 2021 and ends on June 30, 2021.

  • Submitted: Properly submitted registrations, which have not been selected in the lottery, will be held “in reserve” in the event that USCIS does not receive an H-1B petition for each selected registration. There is a possibility that USCIS will hold a subsequent lottery later in the year and select some of those registrations that are being held in reserve. These registrations will continue to show a status of “submitted,” likely until after the end of the petition filing window, when USCIS will determine if a petition was filed for each of the selected registrations.

  • Denied / Invalidated-Failed Payment: A registration will be denied if an employer submitted duplicate registrations for the beneficiary; or if payment was declined and not reconciled.

USCIS has not yet announced if Premium Processing will be available for cap-subject H-1B petitions. In the past few years, USCIS has suspended Premium Processing at the start of the H-1B cap filing period.

©1994-2023 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.National Law Review, Volume XI, Number 90

About this Author

John Quill Immigration Attorney Mintz Levin
Member / Chair, Immigration Practice

John’s practice encompasses all aspects of immigration and nationality law. John draws on over two decades of experience to help companies and their employees obtain nonimmigrant visas, including B, E, H, J, L, O, and TN visas. He also handles applications for PERM labor certification; extraordinary ability, outstanding researcher, and national interest waiver petitions; adjustment of status procedures; consular processing; and naturalization. John has distinguished himself in the use of legal operations and technology to streamline practices and develop innovative solutions to challenging...