H-1B CAP Registration Opens on March 1st!


USCIS has just announced that H-1B CAP registration will open on 03/01/2022 for FY 2023.  The following are the important dates to remember:

02/21/2022:  Employers and their legal representatives will be able to create user accounts on myUSCIS.gov at 12:00 noon EST

03/01/2022:  Employer and their legal representatives will be able to enter registrations for prospective employees at 12:00 noon EST.  

03/18/2022:  USCIS plans to close the registration window at 12:00 noon EST if enough registrations have been received. 

03/19/2022 - 03/30/2022:  Random drawings will take place to select registrations for H-1B filing.

03/31/2022:  USCIS intends to announce the selection results by this date. 

04/01/2022 through the end of summer:  Additional drawings could take place depending on the actual number of H-1B filings. 

10/01/2022 and onward:  Approved H-1B applicants may start working in H-1B status.

This is the third year that USCIS uses the registration system for selecting H-1B CAP cases.  The following are the general steps of the H-1B application process:

1) Employers have made decisions regarding hiring of employees under the H-1B employment visa program. 

2) Employers and employees collect their documents and information to prepare for registration and filing.

3) Attorneys and other legal representatives will perform legal review to ensure that both the employer and the employee are eligible for H-1B filing. 

4) Employers and their attorneys (called registrants) create user registrant accounts on USCIS system. 

5) Registrants will enter a registration for each prospective H-1B employee on the USCIS system and pay a $10 registration fee.  A "hand-shaking" needs to be done between the employers and their legal representatives. 

6) Wait for notification from USCIS.  If a registration is selected, employers have about 90 days to file a complete and legally sufficient H-1B petition with USCIS.  There could be a second or third drawing through the end of summer.

7) Respond to any formal Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs). 

8) If the H-1B petition is approved, the employee may start to work in H-1B status starting 10/1/2022  (Some employees may need to depart the U.S. and apply for an H-1B visa stamp from an overseas US Embassy or Consulate before they may return to work in the U.S.)

It is important to note that an employer may only enter one registration for each prospective employee.  Multiple registrations will be rejected.  USCIS also proposes to make the registrants to attest that they have not made any attempts or worked with anybody else to try to "game" the system by entering multiple registrations for the same employee applicant. 

An employer may, on the other hand, submit registrations for multiple H-1B candidates.

As the economy starts to heat up, hiring activities have significantly increased.  Competition for a H-1B visa is expected to be extremely intense this year.  Interested employers and job applicants should start the application process as soon as possible.  

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.) 


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