Updated Information regarding the H-1B Electronic Registration Process for H-1B Cap Season FY 2021
USCIS, through a series of webinars for Petitioners and Attorneys, has released more information on the implementation of the electronic registration process for the upcoming FY2021 H-1B cap season:
When to Register: The initial registration period will open March 1, 2020 at 12:00 pm EST and close on March 20, 2020 at 12:00 pm EST. Please note that there will be no option to draft registrations ahead of time – both legal representatives and Petitioners must wait until the registration opens on March 1st to complete H-1B registrations.
At the end of the initial registration period, if USCIS determines an insufficient number of registrations have been received, USCIS will determine the final registration date once it has received the number of registrations projected as needed to reach the H-1B numerical allocations. If USCIS determines that it is necessary to reopen the registration period, USCIS will announce the start of the re-opened registration period on its website.
How to Register: Petitioners who intend to register beneficiaries will need to create a myUSCIS account on www.myaccount.uscis.gov beginning February 24th. On that date, USCIS will provide Petitioners the option to create an account in the myUSCIS portal that is designated “I am an H-1B registrant.” Please note that ALL Petitioners who intend on submitting registrations, whether through the use of an attorney or not, will need to create an account.
Editing a Registration: USCIS states that it will allow users to review and edit registrations any time before registration is submitted. However, once a registration is submitted, it may not be edited but can be deleted, without impacting the other beneficiaries registered.
Registration Selection: The selection process will be conducted after the initial registration period closes. The account holder that submitted the registrations will receive a notification from USCIS, by e-mail or text message (whichever was selected as the preferred method of communication) stating that there is activity in their myUSCIS account. Once the account holder logs into their account, they will find the details of the selected registrants. USCIS intends to notify registrants with selected registrations from the initial registration period no later than March 31, 2020. The myUSCIS account will show one of four statuses per registrant:
- Submitted – This will show even after the initial selection process has been completed. Registrations that have been submitted will remain in consideration for the selection until the end of the fiscal year. At the end of the fiscal year, the status will change to either Selected, Not Selected, or Denied.
- Selected – Petitioner can file an FY 2021 H-1B cap petition on behalf of the selected registrant.
- Not Selected – The beneficiary was not selected for this fiscal year. This status will come up at the end of the fiscal year.
- Denied – Beneficiary’s registration was denied because more than one registration was submitted by the same Petitioner or representative.
Filing Period: USCIS stated that for those who have been selected, a selection notice will be available in the myUSCIS account. The selection notice will identify the 90-day filing window and designate the Service Center where the H-1B petition must be filed. A copy of the selection notice will need to be included with the H-1B petition.
Reddy & Neumann, P.C. will continue to provide updates as additional information is received from USCIS about the upcoming H-1B cap season.
Kristina is an associate attorney at Reddy & Neumann, P.C. She was admitted to the State Bar of Texas in 2011. Her practice includes representing companies and individuals with employment-based visa petitions and applications and advising clients regarding litigation options in federal court pursuant to the Administrative Procedures Act (APA). Kristina also guides employers to ensure compliance with all Form I-9 requirements by conducting internal audits of clients’ records, processes, and procedures.