In a move not seen since the introduction of the electronic H-1B registration process, US Citizenship and Immigration Services (USCIS) announced a third round of lottery selections for the fiscal year (FY) 2022 H-1B cap season. In a press release issued Nov. 19, 2021, USCIS indicated that additional H-1B selections were required to achieve annual H-1B Cap numerical assignments, including under the waiver for applicants with advanced degrees. Accordingly, USCIS made additional selections from the previously submitted collection of electronic records using the standard random selection process. As was the case in the previous two rounds of selection, employers (and employer representatives) were notified of new selections via an update in their respective myUSCIS accounts.
USCIS conducted an initial random selection for this year’s H-1B cap in March 2021. A second random selection was completed by USCIS on July 28, 2021. With the announcement of a third random selection, USCIS has confirmed that it has not yet selected enough cases to meet the regulatory H-1B numerical allocation of 85,000 visas (65,000 under the “regular” limit and another 20,000 under the advanced exemption ). USCIS “take”[s]consider historical data regarding approvals, denials, withdrawals, and other relevant factors to calculate the number of registrations required to meet the H-1B numerical allocations for a given fiscal year.”
For the third round of selection, the petition submission period will begin on November 22, 2021 and close on February 23, 2022.
The Ogletree Deakins Immigration Practice will continue to monitor developments related to these and other policy changes and will post updates to the Immigration Blog as additional information becomes available. Important employer information is also available through the company’s webinar and podcast programs.
The contents of this article are intended to provide general guidance on the subject. Specialist advice should be sought regarding your specific circumstances.