November 22

H-1B Third Round Lottery

Nov. 19, 2021, USCIS made the third round of selections for H-1B registrations from those previously submitted to meet the FY 2022 quota, including the advanced degree exemption. H-1B registrants chosen on Nov. 19 may file Nov. 22, 2021, through Feb. 23, 2022. USCIS will update selected registrants’ My USCIS accounts to include a selection notice and details about when and where to file.

Why are more H-1B petitions being selected for FY 2022?

USCIS initially selected H-1B registrations in March 2021 using a random selection process (H-1B lottery). For chosen H-1B registrations, the initial filing period was Apr. 1, 2021, through Jun. 30, 2021, for FY 2022.USCIS uses historical data to determine the number of H-1B registrations needed to reach the numerical cap for a given fiscal year. There were not enough H-1B petitions approved to meet the annual H-1B cap for FY 2022.

Therefore, in July 2021, USCIS held a second lottery for correctly submitted electronic registrations. For registrations selected in July, the filing period ended on Nov. 3, 2021. For those selected in today’s lottery, make sure to file the H-1B cap-subject petition at the right service center between Nov. 22, 2021, through Feb. 23, 2022. Only selected registrants for FY 2022 are eligible to file H-1B cap-subject petitions. Registration selection only indicates that petitioners can file H-1B cap-subject petitions; it does not indicate that the petition will be approved.

H-1B petitions cannot be filed online only by paper. Include the printed copy of the registration selection notice with the FY 2022 H-1B cap-subject petition. USCIS requires all H-1B petitions to include evidence that establishes eligibility for approval based on existing statutory and regulatory requirements.

About the author: Jon Velie has practiced Immigration law since 1993. He is CEO of OnlineVisas

Jon is an Amazon number one best-selling author of H-1B Visa: Application & Approval, is regularly covered by major media and has won a number of international awards. Jon was also pivotal in the Cherokee Freedmen Supreme Court case.

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