H-1B Visa

H-1B Initial Electronic Registration Selection Process Completed

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). USCIS randomly selected from among the registrations properly submitted to reach the cap. USCIS 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.
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An H-1B visa is an employment-based, non-immigrant visa. It is granted to temporary workers in the U.S.
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Last year USCIS received approximately 275,000 H-1B petitions for the fiscal year 2021. Once the random selection process (if a sufficient number of registrations are received) has been completed USCIS starts to send receipt notices.
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As per the new changes implemented for the fiscal year 2022 H-1B cap, U.S. Citizenship and Immigration Services has opened the initial registration period from March 9 through March 25, 2021. During this period employers will need seeking to file H-1B cap-subject petitions, including those eligible for the advanced degree exemption, to first electronically register and pay the associated $10.00 H-1B registration fee before filing a petition for the fiscal year 2022 H-1B cap.
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On March 12, 2021, USCIS announced it may reopen and/or reconsider adverse decisions on Form I-129, Petition for a Nonimmigrant Worker, made based on three rescinded policy memos. USCIS will generally use its discretion to accept a motion to reopen filed more than 30 days after the decision, if filed before the end of the validity period requested on the petition or labor condition application, whichever is earlier, and the decision was based on one or more policies in the rescinded H-1B memoranda.
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The Department of Labor (DOL) has published a final rule delaying the effective date of the Final Rule, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, published on January 14, 2021, 86 FR 3608
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Many F-1 visa holders, particularly those who are engaged in OPT change their immigration status to become professional and specialty workers (H-1B workers).
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The threshold question for an H-1B nonimmigrant work visa is whether the intending H-1B nonimmigrant has the equivalence of a U.S. Bachelor’s Degree in a specific field. Most of the prospective H-1B employees and H-1B employers begin with either of the following two thoughts: “I would like to work in the U.S. using an H-1B visa, but am not sure if I qualify” or “I want to hire a foreign worker but not sure if the individual qualifies for an H-1B visa.”

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The initial registration period for FY 2022 will open at noon Eastern Time (ET) on March 9, 2021 and run through noon ET on March 25, 2021. Both representatives and registrants must wait until March 9 to create and complete H-1B registrations.
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USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2021.
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On December 16th, the US Court of Appeals overturned the USCIS’ denial of an H-1B visa petition as “arbitrary and capricious” in a case called Innova Solutions Inc. v Baran (Innova).[1]
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