Blog by Pasricha & Patel, LLC

USCIS Conducts Third Random Selection from Previously Submitted FY 2022 H-1B Cap Registrations

Categories: Attorneys , Business Immigration , Business Law , Citizenship , Commercial Litigation , Commercial Transactions , Corporate Law , Green Cards , Immigration Law , International Law , Investment Visas , Law Firm , Lawyers , Legal Services , Real Estate , Software Agreements , Technology Law , Trusts And Estates


Pasricha & Patel

USCIS has announced that it has conducted a third round of random selection of the Fiscal Year 2022 H-1B quota registrations on November 19, 2021. USCIS has set the petition filing period based on registrations selected on November 19, 2021 to begin on November 22, 2021 and close on February 23, 2022. USCIS has also updated the relevant myUSCIS accounts to show the inclusion of a selection notice, which includes details about when and where to file these latest H-1B quota petitions.

It should be noted that USCIS had previously conducted a second random selection from the submitted electronic registrations for the Fiscal Year 2022 H-1B numerical allocations, and that petition filing period had closed on November 3, 2021.

It appears that USCIS had to conduct a third round of random selection of H-1B registration because it still has not filled all the H-1B quota slots even after the first two (2) rounds of selections. One can only guess that this may be because there were not enough U.S. employers who submitted the H-1B quota petitions early on this year, or perhaps USCIS did not approve enough H-1B quota applications to fill out the full H-1B quota allotment of cases.

As a reminder, the H-1B classification has an annual numerical limit /cap of 65,000 new statuses/visas for each fiscal year. An additional 20,000 petitions filed on behalf of beneficiaries with a master’s degree or higher from a U.S. institution of higher education are exempt from the cap. Additionally, H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities, a nonprofit research organization or a government research organization are not subject to this numerical cap.

Regardless of the reason for this third round of random selection, this is certainly a unique opportunity for those registrations that were not selected in the first two (2) rounds of selection and we recommend readers to check with their U.S. employer who had previously submitted their information for H-1B quota registration in the Fiscal Year 2022 quota registration period to log into their USCIS account and see whether their cases were selected this time.

For those H-1B registrations that are selected, we do advise the employers to contact our office so we can assist with the rest of the H-1B petition preparation and submission process and to timely file these H-1B quota petitions before the deadline of February 23, 2022.

Should any readers have any questions about the H-1B filing process, we do encourage you to contact our office so we can discuss your specific case(s) in more detail.