The deadline to file H-1B cap subject petitions for FY 2022 is in just one week – June 30th. Cap-subject petitions must be received on or before this date. As a reminder, an H-1B cap-subject petition must be properly filed at the correct service center and within the filing period indicated on the relevant registration selection notice. Petitioners must include a printed copy of the applicable registration selection notice with the FY 2022 H-1B cap-subject petition.
Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still establish eligibility for petition approval at the time the petition is filed and through adjudication, based on existing statutory and regulatory requirements. Selection in the registration process does not relieve the petitioner from submitting evidence or otherwise establishing eligibility, as registration only pertains to eligibility to file the H-1B cap-subject petition.
A common question our office receives is “will there be a second lottery?” Last year, USCIS never officially announced that there would be a second lottery, but attorneys and employers started receiving emails from their myUSCIS account notifying action being taken on their cases. Once logged in, some H-1B lottery registrations changed from “Submitted” to “Selected.” The second lottery took place on August 14th of last year. If there is a second lottery this year, we would expect to be notified around the same time period, so possibly mid-August.
If you have any questions regarding H-1B petitions or issues, you can set up a consultation with any of our Reddy & Neumann, P.C. attorneys.