USCIS Announces Registrations Received are Sufficient to Fill H-1B Cap
USCIS announced that enough electronic registrations were received between March 1 and March 20, 2020 to fill the H-1B allotted cap for FY 2021. The registrations have been randomly selected and petitioners and attorneys will be notified no later than March 31, 2020. If a registration is selected, the petitioner is eligible to file an H-1B cap-subject petition for the beneficiary named in the registration.
The announcement stated that online USCIS accounts will reflect one of the three following statuses for each beneficiary registered:
- 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.
- DENIED: A duplicate registration was submitted by the same registrant for the same beneficiary, or a payment method was declined and not reconciled. If denied as a duplicate registration, all registrations you submitted for this beneficiary for the fiscal year are invalid.
The status of registrations not selected as part of any initial random selection process and not denied will remain as “Submitted.” The H-1B Electronic Registration Process webpage also shows a fourth status that will appear at the end of the fiscal year:
- NOT SELECTED: Not selected for this fiscal year. Please note that a registration will not reflect a status of Not Selected until the conclusion of the fiscal year. In the event that USCIS determines that it needs to increase the number of registrations projected to meet the H-1B regular cap or the advanced degree exemption allocation, USCIS will select from registrations held in reserve to meet the H-1B regular cap or advanced degree exemption allocation.
If H-1B petitioners decide not to move forward with filing for selected beneficiaries, it is possible that a registration could shift statuses from “submitted” to “selected” after the notification process begins and prior to the start of the new fiscal year. The COVID-19 outbreak may affect employers’ workforce projections, so registrants should periodically check the USCIS portal for updates.
USCIS previously indicated that April 1, 2020 will be the earliest date that the selected cap-subject petitions may be filed. There have been no announcements on delaying or extending the filing window at this time.
Was your H-1B registration selected for filing? USCIS continues to implement policies that have resulted in challenging new standards for employers. Despite 2019 being a record breaking year for RFEs and denials across visa categories, Challa Law Group has consistently earned H-1B, L-1, and PERM approval rates at over 95% because of our investment in time and resources dedicated to securing successful outcomes.
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