H-1B Visa
The U.S. Citizenship & Immigration Services (USCIS) recently released the dates for the fiscal year 2022 Cap-Subject H-1B visa registration period. Please note the following:
- Registration Period: USCIS will start accepting registrations for cap-subject H-1B’s for Fiscal Year (FY) 2022 on March 9, 2021, through noon ET on March 25, 2021.
- Registration Completion: Representatives and registrants must wait until March 9, 2021, to create and complete all H-1B registrations.
- Nonrefundable Fee: The registration fee is $10.00 (U.S.) for each registration (beneficiary) and is nonrefundable.
- Selection: USCIS intends to notify selected registrants by March 31, 2021.
- H-1B Petitions: April 1, 2021, is the earliest date that FY 2022 H-1B cap-subject petitions may be filed.
- Employment Date: October 1, 2021, is the first available employment start date for FY 2022 for newly approved H-1B foreign workers.
The H-1B Nonimmigrant Visa classification is for foreign workers in a specialty occupation who have a U.S. job offer that requires the attainment or equivalent of a U.S. bachelor’s degree or higher within the field of employment. Only 65,000 H-1B visas are available per year for new employment within the U.S. Existing H-1B workers are not subject to the annual cap and may file H-1B petitions to extend status or change employers.
The USCIS enacted a Visa Lottery System for H-1B Visa applicants in recent years, including for the last fiscal year of 2021 and now for the fiscal year of 2022. The reason for the lottery is that USCIS typically receives substantially more H-1B registrations each year than the number available under the cap of 65,000 per fiscal year. Unless U.S. Congress passes a law to increase the H-1B cap, the lottery, or random selection process, will most likely be used every year for the foreseeable future.
If you have any questions regarding H-1B registration or other immigration legal issues, please contact me.
