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.

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.

Question 5

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.

USCIS intends to notify registrants and their representatives with selected registrations via their USCIS online accounts no later than March 31, 2020.

A registrant’s USCIS online account will show one of the four following statuses for each 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.
  • 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.
• 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. Registrants and representatives will not be notified until the end of the fiscal year if they are not selected. The status of registrations not selected as part of any initial random selection process and not denied will remain as “Submitted.”

USCIS will begin accepting H-1B petitions that are subject to the FY 2020 cap on April 1, 2019. The H-1B application process entails the following steps. For more information, please visit our Visa Knowledge library.

1. Employer Submits LCA to DOL for certification.
   The employer must apply for and receive Department of Labor(DOL) certification of an Labor Certification Application(LCA). more info
2. Employer Submits Completed Form I-129 to USCIS.
   The employer should file Form I-129, Petition for a Nonimmigrant Worker, with the correct USCIS Service Center. The DOL-certified LCA must be submitted with the Form I-129. more info
3. Prospective Workers Outside the United States Apply for Visa and/or Admission.
   Once the Form I-129 petition has been approved, the prospective H-1B worker who is outside the United States may apply with the U.S. Department of State (DOS) at a U.S. embassy or consulate abroad for an H-1B visa (if a visa is required). Regardless of whether a visa is required, the prospective H-1B worker must then apply to U.S. Customs and Border Protection (CBP) for admission to the United States in H-1B classification.

H-1B season has begun, please use following links to search potential job opportunities and pitch employers directly.

• Legacy H1-B Visa database(updated quarterly, fiscal year)
• Legacy Green Card database(Update quarterly, fiscal year)
• New H1-B Visa database(updated daily, calendar year)
• New Green Card database(update daily, calendar year)
• 2019 Top H1B Visa Sponsor Reports
• 2019 Top Green Card Sponsor Reports

U.S. employers are always looking for skilled workers, even in holiday seasons. Please polish your resume and update your career profiles regularly.     

Regular Processing

Form I-129 is filed at the California Service Center (CSC), the Vermont Service Center (VSC), the Nebraska Service Center (NSC), or the Texas Service Center (TSC), depending on which nonimmigrant classification and action the petitioner is requesting and where the petitioner is located. 

For many classifications, the U.S. state or territory where your company or organization’s primary office is located will determine where you should send your Form I-129 package. For example, if your company’s primary office is in New York, file Form I-129 with the VSC regardless of the beneficiary’s worksite. If your company’s primary office is in California, file Form I-129 with the CSC regardless of the beneficiary’s worksite.

Form I-129 petitions for certain nonimmigrant classifications and requested actions are filed at one service center, regardless of where the company or organization’s primary office is located. Currently, only certain H-1B and H-1B1 petitions are filed at the NSC.

Please refer to the “I-129 Nonimmigrant Classification Chart with Filing Locations” chart below for information regarding your specific requested nonimmigrant classification and requested action.

Filing for Temporary Employment or Training in More Than One Location

When the temporary employment or training will be in different locations within the same U.S. state or territory, or in different U.S. states or territories, the state where your company or organization’s primary office is located will still be used to determine where you should file your Form I-129 package, regardless of the beneficiary’s work location(s). For example, if the beneficiary will work or receive training in two or more different locations in the state of Arizona, and your company’s primary office is in New York, file Form I-129 with the VSC. If the beneficiary will work or receive training in a location in Arizona and in another location in Florida, and your company’s primary office is in New York, file Form I-129 with the VSC.

Listing Your Organization’s Primary Address

Your company or organization’s primary office should be listed in Part 1, Question 3.

Providing Additional Information

In addition to Part 5, Question 3, you may also use Part 9 of Form I-129 (with a revision date of 01/17/2017) to list additional worksite locations if you need extra space.

California Service Center Filings

File Form I-129 with the CSC if the petitioner’s primary office is located in:

• If you are filing a major league sports-related P petition, you must continue to file Form I-129 with the VSC.   

Vermont Service Center Filings

File Form I-129 with the VSC if the petitioner’s primary office is located in:

Premium Processing

If you are requesting premium processing services for a Form I-129, you must also file Form I-907, Request for Premium Processing Services. Before you file the Form I-129/I-907 package, check uscis.gov to ensure that the requested classification is eligible for premium processing.

A H-1B RFE(Request for Evidence) is an inquiry by the USCIS in order to request additional proof necessary to make a decisions pertaining to your H-1B petition. It can be for information about either the worker or the employer, or both, since USCIS must have proof of a valid employer-employee relationship.

From the time you receive the RFE through mail or email, you have 90 days to submit the appropriate documents and you should take great care to ensure that you are thorough in answering all inquiries.

Following are the top 10 reasons why USCIS may issue an RFE, in order from most to least common, that RFEs were issued in fiscal year 2018 for H-1B petitions. read detailed explanation.

1. Specialty Occupation
2. Employer-Employee Relationship
3. Availability of Work (Off-Site Work Cases)
4. Beneficiary Qualification
5. Maintenance of Status
6. Availability of Work (In-House Work Cases)
7. LCA Corresponds to Petition
8. AC 21 and 6-Year Limit
9. Itinerary
10. Fee

For more information about H-1B Visa REF, please read USCIS document: Understanding Requests for Evidence (RFEs): A Breakdown of Why RFEs Were Issued for H-1B Petitions in Fiscal Year 2018

U.S. employers are always looking for skilled workers, even in holiday seasons. Please polish your resume and update your career profiles regularly.     

Not all jobs are created equal!
http://www.myvisajobs.com

Not all jobs are created equal!
http://www.myvisajobs.com