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FY 2021 H-1B Cap Petitions May Be Filed as of April 1, 2020

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Pasricha & Patel

USCIS has announced that the H-1B cap petitions for Fiscal Year 2021 can be filed with the USCIS starting on April 1, 2020.

USCIS also reminds H-1B petitioners that it can only be eligible to file an FY 2021 H-1B cap-subject petition if they had first electronically registered the particular H-1B beneficiary in the H-1B registration process and the USCIS selected the registration submitted for the beneficiary through the lottery/selection process.

USCIS also provided some interesting statistics about the FY 2021 H-1B registration process. Almost 275,000 unique registrations were submitted during the initial registration period starting on March 1, 2020 through March 20, 2020. Approximately 46% of all registrations were for prospective beneficiaries with U.S. advanced degrees.

More than 40,000 registration accounts were created to use the online registration system. Almost 81% of the submitted registrations were for potential beneficiaries from India (67.7%) and China (13.2%).

USCIS also reminds petitioners that the H-1B cap-subject petition must be properly filed within the period indicated on the H-1B registration selection notice (through June 30, 2020). Because there is no online filing available for H-1B petitions, the petitioners must make sure to file the H-1B petitions by paper. And the petitioners need to also include the printed copy of the registration selection notice for the H-1B cap-subject petition.

Finally, USCIS also points out that the petitioners filing the H-1B cap subject petitions (whether it is for regular cap, or U.S. Master’s degree cap), need to be able to establish eligibility for H-1B petition approval at the time that the petition is filed and through the adjudication process. The petitioners must also make sure to submit any and all relevant evidence and documentation that establishes H-1B eligibility.

Should readers have any questions about the H-1B cap-subject petition filing process and requirements, we encourage you to contact our office for formal consultation.

And we also encourage all readers to monitor this site for any further updates regarding the H-1B petition filing process.