Tag Archives: h1b

USCIS Announces H-1B Cap Registration Period

USCIS Announces H-1B Cap Registration Period

USCIS announced that the H-1B cap registration period will open on March 1, 2022 and will close on March 18, 2022. USCIS will make the selections by March 31, 2022. Selected registrations may apply for the H-1B, which allows the beneficiary to begin working on October 1, 2022, the start of the new fiscal year.

Challa Law Group will continue to offer a tiered approach to registration. Read more about which option is right for your company: Planning for the H-1B Cap Registration System.

From USCIS (January 29, 2022): 

U.S. Citizenship and Immigration Services today announced that the initial registration period for the fiscal year 2023 H-1B cap will open at noon Eastern on March 1 and run through noon Eastern on March 18, 2022. During this period, prospective petitioners and representatives will be able to complete and submit their registrations using our online H-1B registration system.

USCIS will assign a confirmation number to each registration submitted for the FY 2023 H-1B cap. This number is used solely to track registrations; you cannot use this number to track your case status in Case Status Online.

Prospective H-1B cap-subject petitioners or their representatives are required to use a myUSCIS online account to register each beneficiary electronically for the selection process and pay the associated $10 H-1B registration fee for each registration submitted on behalf of each beneficiary. Prospective petitioners submitting their own registrations (U.S. employers and U.S. agents, collectively known as “registrants”) will use a “registrant” account. Registrants will be able to create new accounts beginning at noon Eastern on Feb. 21.

Representatives may add clients to their accounts at any time, but both representatives and registrants must wait until March 1 to enter beneficiary information and submit the registration with the $10 fee. Prospective petitioners or their representatives will be able to submit registrations for multiple beneficiaries in a single online session. Through the account, they will be able to prepare, edit, and store draft registrations prior to final payment and submission of each registration.

If we receive enough registrations by March 18, we will randomly select registrations and send selection notifications via users’ myUSCIS online accounts. We intend to notify account holders by March 31.

An H-1B cap-subject petition, including a petition for a beneficiary who is eligible for the advanced degree exemption, may only be filed by a petitioner whose registration for the beneficiary named in the H-1B petition was selected in the H-1B registration process.

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USCIS Selects Third Round of H-1B Registrations for FY 2022

From USCIS, 11/19/2021

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

We recently determined that we needed to select additional registrations to reach the fiscal year (FY) 2022 H-1B numerical allocations, including the advanced degree exemption. On Nov. 19, we selected from among previously submitted electronic registrations using a random selection process. The petition filing period based on registrations selected on Nov. 19 will begin on Nov. 22, 2021, and close on Feb. 23, 2022. Individuals with selected registrations will have their myUSCIS accounts updated to include a selection notice, which includes details about when and where to file.

In July 2021, we conducted a second random selection from among properly submitted electronic registrations for the FY 2022 H-1B numerical allocations. The petition filing period based on registrations selected in July ended on Nov. 3, 2021.

We conducted an initial selection in March 2021. The initial filing period for those with selected registrations for FY 2022 was from April 1, 2021, through June 30, 2021. Per regulation, we take into account historical data related to approvals, denials, revocations, and other relevant factors to calculate the number of registrations needed to meet the H-1B numerical allocations for a given fiscal year. Only those petitioners with selected registrations for FY 2022 are eligible to file H-1B cap-subject petitions.

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. Online filing is not available for H-1B petitions. Petitioners filing H-1B petitions must do so by paper and must include a printed copy of the applicable registration selection notice with the FY 2022 H-1B cap-subject petition.

Registration selection only indicates that petitioners are eligible to file H-1B cap-subject petitions; it does not indicate that the petition will be approved. Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still submit evidence and establish eligibility for petition approval based on existing statutory and regulatory requirements.

For more information, visit the H-1B Cap Season page.

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Market Analyst H-1B Denied? You May Be Able to Appeal 

Market Analyst H-1B Denied? You May Be Able to Appeal 

From USCIS, 10/28/2021

USCIS reached a settlement agreement (PDF, 268.06 KB) [PDF] in the case of MadKudu Inc., et al. v. U.S. Citizenship and Immigration Services, et al., No. 20-cv-2653 (N.D. Cal.). On Oct. 19, 2021, the U.S. District Court, Northern District of California, San Jose Division, granted final approval of the settlement agreement. This agreement outlines new, overarching guidance for adjudicating pending or future H-1B petitions for market research analysts.

Additionally, the agreement allows class members to submit a Form I-290B, Notice of Appeal or Motion, to request that certain denied Forms I-129, Petition for a Nonimmigrant Worker, seeking H-1B classification for a market research analyst be reopened and adjudicated per the terms of the settlement agreement. No fee will be charged for such a request. Class members have until April 26, 2022 to submit a Form I-290B.

Class members eligible to submit a Form I-290B are those that:

  • Filed a Form I-129 H-1B petition between Jan. 1, 2019 and Oct. 19, 2021, for a market research analyst.
  • USCIS denied the petition based on a finding that the Occupational Outlook Handbook (OOH) entry for a market research analyst did not establish that the occupation is a specialty occupation, and thus did not satisfy 8 CFR 214.2(h)(4)(iii)(A)(1).
  • If not for this finding, the petition would have been approved.
  • There is any amount of time remaining on the period specified in the certified Labor Condition Application (LCA) originally submitted with the underlying Form I-129 at the time that the Form I-290B is filed.

Class members whose eligible Form I-129 was denied may submit their Form I-290B (without fee) on or before April 26, 2022, to have their reopening request and, if eligibility is established, their underlying I-129 H-1B petition adjudicated per the terms of the settlement agreement.

USCIS will make a decision on all eligible, timely-filed reopening requests within 90 days of receipt of the physical file at the adjudicating office. USCIS will attempt to prioritize reopening requests for petitions with LCAs expiring less than 90 days after the Form I-290B is properly filed with USCIS.

If USCIS determines that the underlying petition is not eligible for this reopening process, in accordance with the bullets above (for example, you are not a class member eligible to submit a Form I-290B under the settlement agreement), we will reject the Form I-290B.

Filing Instructions 

All Forms I-290B must be submitted to the Nebraska Service Center, on or before April 26, 2022, at the addresses below.

USPS FedEx, UPS, and DHL Deliveries
USCIS Nebraska Service Center
Attn: Madkudu Project
P.O. Box 87129
Lincoln, NE 68701
USCIS Nebraska Service Center
Attn: Madkudu Project
850 ‘S’ Street
Lincoln, NE 68508

When submitting Form I-290B, you should:

  1. Include a cover sheet to clearly identify that the Form I-290B is filed by a claimed member of the class.
  2. Indicate on the cover sheet and Form I-290B the name of the office (name of the Service Center or Administrative Appeals Office (AAO)) that made the last adverse decision.
  3. Demonstrate class membership by submitting a copy of USCIS’ denial of the underlying H-1B petition (if you appealed to, and had your appeal dismissed by the AAO, you should submit a copy of the AAO decision instead of, or in addition to, the service center denial). The denial of the original H-1B petition should show that:
    • The petition was filed on or after Jan. 1, 2019, through Oct. 19, 2021, (for cases in which the denial does not include the filing date of the petition, you should submit a copy of USCIS’ receipt notice for the petition).
    • USCIS found that the job fell within the market research analyst occupation;
    • USCIS considered the OOH entry for market research analysts;
    • USCIS found that the market research analyst occupation was not a specialty occupation under the first regulatory criterion at 8 CFR 214.2(h)(4)(iii)(A)(1); and
    • The sole basis for the denial was that the position was not within a specialty occupation.
  4. Demonstrate (for example, by submitting a copy of the LCA filed with the denied petition) that there is any amount of time remaining on the period specified in the certified LCA at the time that the I-290B is filed.
  5. State in the reopening request that you request reopening.
  6. Provide a receipt number for the underlying Form I-129 petition.
  7. Confirm that the offer of employment as stated in the underlying Form I-129 petition remains valid.
  8. Indicate if you want a new start and/or end date for the validity period (as long as the new date(s) falls within the period in the certified LCA previously submitted with the petition).

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USCIS Update: H-1B Cap Registration Selection Completed

USCIS announced that the cap selection process is complete and all petitioners have been notified via the online portal. The complete update from USCIS is below. Please note that currently, the website reflects that Premium Processing is available, which guarantees adjudication or action within 15 days. However, availability could change at any time. In past years, USCIS has temporarily  Connect with us on your preferred platform to be notified of the latest updates.

Was your H-1B registration selected? Contact Challa Law Group to prepare a comprehensive H-1B filing ahead of the June 30, 2021 filing deadline. Watch our YouTube recording of our recent webinar focusing on compliance tips and strategies for H-1B petitions and then email us to initiate your case.

USCIS: FY 2022 H-1B Cap Season Updates

H-1B Initial Electronic Registration Selection Process Completed

USCIS has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2022 H-1B numerical allocations (H-1B cap) including the advanced degree exemption (master’s cap). We randomly selected from among the registrations properly submitted to reach the cap. We have notified all prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.

Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered):

  • Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.
  • Selected: Selected to file an H-1B cap petition.
  • Denied: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.
  • Invalidated-Failed Payment: A registration was submitted but the payment method was declined, not reconciled, or otherwise invalid.

For more information, visit the H-1B Electronic Registration Process page.

FY 2022 H-1B Cap Petitions May Be Filed Starting April 1

H-1B cap-subject petitions for FY 2022, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2021, if based on a valid, selected registration.

Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2022, and only for the beneficiary named in the applicable selected registration notice.

When completing Form I-129, Petition for a Nonimmigrant Worker, please ensure that the below question is included as Question 5 in Supplement H on page 13. If you have already filled out Form I-129 and this question was not included, you may replace Supplement H in your petition by printing out and completing pages 13 and 14 from the current version of Form I-129 on uscis.gov and including them with your petition. Starting July 1, 2021, we will only accept the 03/10/21 edition of Form I-129. Until then, you can also use the 09/30/20 and 01/27/20 editions.

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. The period for filing the H-1B cap-subject petition will be at least 90 days. Online filing is not available for H-1B petitions, so petitioners filing H-1B petitions must do so by paper. 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.

For more information, visit the H-1B Cap Season page.

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CONFIRMED: New H-1B Cap Selections & Filing Window!

CONFIRMED: New H-1B Cap Selections

We have confirmed that USCIS is selecting additional H-1B registrations for the FY2021 cap. The additional registration selections are allowed because USCIS did not receive enough H-1B cap petitions during the April 1 to June 30, 2020 filing window. Many employers reported temporary closures and reduced services during pandemic shutdowns, leading to fewer organizations moving forward with hiring.

USCIS has not reported how many additional registrations are being selected, but the agency is expected to make an official announcement soon.

Checking the Registration Status

Employers and their legal representatives can check the status of the registrations by logging into the H-1B cap registration system. Currently, a registrant’s online USCIS account will display one of four statuses for each individual registration:

  • Submitted: A registration status may continue to show “Submitted” after the initial selection process has been completed. “Submitted” registrations will remain in consideration for selection until the end of the fiscal year, at which point all registration statuses will be Selected, Not Selected or Denied.
  • Selected: Selected to file an FY 2021 H-1B cap-subject petition.
  • Not Selected: Not selected for this fiscal year.
  • Denied: The same registrant or representative submitted more than one registration on the beneficiary’s behalf for the same fiscal year. All registrations the registrant or representative submitted on behalf of the same beneficiary for the same fiscal year are invalid.

H-1B cap-subject beneficiaries, including those eligible for the advanced degree exemption, must have a “Selected” registration notification in order for a registrant or representative to properly file an H-1B cap-subject petition for FY 2021. The status of registrations not selected as part of any initial random selection process and not denied will remain as “Submitted.”

USCIS cautions that registrants and representatives will not be notified until the end of the fiscal year if they are not selected.

New Filing Window: August 17 to November 16

When a registration is selected, a selection notice will be generated by the H-1B cap registration system. The notice will include the filing deadline and USCIS filing location. New selection notices received by our office are displaying a filing window of August 17 to November 16, 2020.

Our legal team is monitoring the registrant accounts to see if additional registrations are selected for filing. We have notified several clients who have already had additional registrants selected.

Has your H-1B registration been selected in the past few days? Contact us at info@challalaw.com to get started with your H-1B filing!

USCIS Grants Extensions for RFE and NOID Responses

Responses Accepted Within 60 Days of Deadlines

UPDATE on 3/30/2020: USCIS Clarifies & Expands Flexibility for RFE, NOID, NOIR, NOIT Responses

U.S. Citizenship and Immigration Services announced that due to the ongoing effect of the COVID-19 pandemic, the agency was “adopting measures to minimize the immigration consequences associated with responding to requests for evidence (RFEs) and notices of intent to deny (NOIDs) dated between March 1 and May 1, 2020.

Any responses to RFEs or NOIDs with deadlines between March 1 and May 1, 2020 that are submitted within 60 calendar days after the deadline, will be accepted for consideration by USCIS. The agency stated additional updates will be provided as the situation develops.

Over 200 organizations, including the American Immigration Lawyers Association’s New York Chapter, have written to the the U.S. Department of Justice, Executive Office for Immigration Review, Department of Homeland Security, U.S. Citizenship and Immigration Services, and Immigration and Customs Enforcement to request “policies and protocols to fully and effectively respond to the crisis currently being caused by COVID-19.” The letter states that “immigrants and the providers and advocates who help them to navigate these systems will suffer serious hardships that raise due process concerns.”

The letter has requested that courts be closed and deadlines extended. Some of the additional requests are below:

  • Address “age-outs” caused by COVID-19
  • Issue automatic work authorizations and renewals during the length of the pandemic
  • Suspend the issuance of new RFEs and NOIDs until offices resume normal operations
  • Waive requirements for original signatures and original photographs

USCIS recently announced that reproduced original signatures are acceptable for forms that typically require original “wet ink” signatures. We will keep you posted on additional updates to these requests to the respective agencies.

Visit our COVID-19 Resource Page for Employers & Foreign Workers to read about other critical immigration updates.