USCIS Conducts Third H-1B Cap Lottery

On Friday, November 19, 2021, U.S. Citizenship and Immigration Companies (USCIS) unexpectedly introduced the outcomes of a 3rd H-1B cap lottery for the Fiscal 12 months 2022 (FY2022) H-1B cap. The company chosen a further variety of H-1B registrations from the unique submissions, which occurred in the course of the registration interval from March 9 to March 25, 2021.

As beforehand reported by Mintz, USCIS held open the opportunity of subsequent H-1B choice intervals for registrations submitted in March, if an inadequate variety of H-1B petitions have been filed with USCIS based mostly on the preliminary lottery picks.

USCIS has decided that there have been fewer filed H-1B petitions as in comparison with chosen H-1B registrations within the prior two lotteries. Because of this, USCIS chosen a further 16,753 registrations out of the roughly 190,000 unselected registrations from March with a view to be sure that sufficient petitions are permitted to fill the annual quota of 85,000.

For chosen registrations, USCIS has offered a 90-day submitting window. Petitioners might file H-1B cap petitions for chosen registrations between November 22, 2021 and February 23, 2022.

That is the second 12 months that the H-1B registration system has been utilized for the H-1B Cap course of, and the primary time {that a} third lottery has been held.

USCIS beforehand introduced that 308,613 registrations have been submitted by candidates within the preliminary March registration interval. 87,500 registrations have been chosen within the first lottery on March 30, 2021, adopted by 27,717 within the second lottery on July 29, 2021, and, as talked about above, on Friday a further 16,753 registrations have been chosen, bringing the FY2022 complete to 131,908 picks or a remaining choice fee of 42.7%.

We don’t anticipate USCIS to conduct any additional lottery picks for the FY2022 H-1B cap. At the moment, USCIS nonetheless has not but rejected any H-1B registrations. Registrations that aren’t chosen within the preliminary lottery can be held “in reserve” within the occasion that USCIS doesn’t obtain an H-1B petition for every chosen registration. Whereas there’s a risk that USCIS will maintain subsequent lotteries and choose a few of these registrations which might be held in reserve, it’s unlikely that USCIS will conduct a fourth lottery.

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